Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2426-19 in Suit No. 1622-19
CNR NO.MHCC0100668219
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2426 OF 2019
IN
L.C. SUIT NO. 1622 OF 2019
Mr. Mohamed Aalam Abdul Hai Farooqui …...Plaintiff
Versus
The Municipal Corporation of Gr. Bombay ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 30th September, 2019.
Appearance:
Ld. Adv. Mr. Vaishnawa for plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the Order
bearing No. ACD/OD/131/Lic. dated 20.06.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The plaintiff was served with Show Cause Notice bearing No.
CID/OD/790/Inspection dated 15.03.2019.
4. In the inspection, the following Projections were seen on the site:
i) Wooden Cupboard adm. 1.70 mt. x 2.20 mt.
-- 1 of 4 --
2 NM 2426-19 in Suit No. 1622-19
ii) Bottom Box 1.20 m x 0.50 m x 0.60 height x 0.26 depth.
iii) Show Case 0.70 x 1.40 mt., 0.50 x 1.40 mt.
iv) Weather Frame 3.50 mt. x 1.60 mt.
Show Cause Notice was issued to Mr. Ashok K. Shinde, M/s.
Deepak Electronics on 15.03.2019 and order dated 20.06.2019 was
passed.
The following infringements were found.
i) Licensee not present.
ii) Original license Copy not produce.
iii) Found erect cupboard adm. 1.70 fit x 2.20 fit (for which license is
not granted)
iv) Bottom Box1.20 m x 0.50 m x 0.60 Height x 0.26 Depth. (for
which license is not granted)
v) Show Case (a) 0.70 m x 1.40 m (b) 0.50 m x 1.40 m (for which
license is not granted)
vi) Partly erected Weather Frame adm. 3.00 mtr x 1.60 mtr (extended
beyond licensed area)
The license was cancelled. The projection were directed to be
removed.
5. Admittedly, the suit is filed by Mr. Mohamed Aalam Abdul Hai
Farooqui. The notice under Section 313 of the M.M.C. Act was issued
to Mr. Ashok K. Shinde and not to the plaintiff. Further, order was
passed against Ashok K. Shinde. The plaintiff now had filed present suit
and sought to challenge the notice and the order. Admittedly, the notice
is not issued to the plaintiff. The plaintiff has no locus to challenge the
notice.
6. It is the contention of the plaintiff that the plaintiff had made an
application to the corporation, pointing out that the plaintiff alongwith
-- 2 of 4 --
3 NM 2426-19 in Suit No. 1622-19
his brother is the tenant of the suit premises and continued the same
business for which the license issued in the name of Ashok Shinde. The
plaintiff had made an application on 03.11.2018 for transfer the license
in his name. It is the contention of the plaintiff that the transfer of
licensee is not affected as on today. As observed earlier, the plaintiff
does not seem to have locus to challenge the notice issued to Ashok
Shinde.
Merely on the basis of the contention that he is running the Shop
to which the license was issued by the Corporation to Ashok Shinde. It
is also not the prayer of the plaintiff that his application for transfer of
license to be expeditiously decided.
7. The plaintiff may be carrying out the business in the notice
premises, it therefore does not give him right to institute the present
notice of motion and seek the temporary injunction against corporation
where notice is issued to the person in whose name the license shown.
The plaintiff does not have primafacie right to challenge the notice.
The plaintiff had failed to make out primafacie case in his favour.
The balance of convenience does not lies in favour of the plaintiff. The
plaintiff would not be put to irreparable loss, if the temporary
injunction is refused.
In the result, following order is passed.
ORDER
The Notice of Motion No. 2426/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 30.09.2019 City Civil Court, Mumbai.
Dictated on : 30.09.2019
Transcribed on : 01.10.2019
Signed by HHJ on : 07.10.2019
-- 3 of 4 --
4 NM 2426-19 in Suit No. 1622-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 07.10.2019 at 1.20 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
30.09.2019
JUDGMENT/ORDER signed by
P.O. on
07.10.2019
JUDGMENT/ORDER uploaded
on
07.10.2019
-- 4 of 4 --