Date: 06-06-2018
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-06-2018
Date: 07-06-2018
Business: esumed.
Adv. B. P. Shukla for plaintiff is present. None for defendant corporation. The matter pertains to D ward. The concerned advocate is not present today. Adv. Shukla submitted that notice is already served on the defendant corporation as directed in the order dtd. 02.06.2018.
Adv. Shukla tender registered NM No. 2032 of 2018 with affidavit. Adv. Shukla prays further for granting ad-interim relief by relying on the ratio in the case of Nitin vs The state of Maharashtra given in w.p. (L) no. 1238 o 2018 dtd. 17.04.2018 by which it was directed that no power is wasted in MCGM under the provisions of Mumbai Municipal Corporation Act 1988, to seal a premises for non-payment of municipal taxes. By order dtd. 02.06.2018, the ld. in charge court has directed both the parties to maintain the position as reflected in photographs Exh. E. Considering the absence of the concerned advocate and officers, the matter is adjourned to 08.06.2018, with a direction to maintain the same position as reflected in photographs Exh. E till 08.06.2018. The defendant is directed to remain present with any reply/documents on 08.06.2018 before this court. The plaintiff to intimate this order to the defendant.
An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to both the parties.
Adjd for arguments on ad-interim relief to 08.06.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2018
Date: 08-06-2018
Business: Resumed.
Adv. B.P.Shukla for plaintiff and Adv. Chandramore for MCGM are present.
Adv. Shukla submits that the defendant has no authority to seal the gate. According to him there are any arrears of municipal taxes, the defendant may auction the property and recover the amount. However, the defendant is not entitled to seal the gate in view of the judgment dtd. 17.04.2018, passed in W.P. (L) No. 1238 of 2018 (Coram - A.S. Oka and Riyaz I. Chagla, JJ.)
In reply the ld. Adv. for defendant submits that there are arrears of taxes about Rs. 38,00,000/- She further submits this court has no jurisdiction and therefore preliminary issue be framed. She further submits that in view of the directions dtd. 24.02.2014, given in W.P. No. 2592 of 2013 the Hon\''ble High Court (Coram - Mohit H. Shah, C.J. and M.S. Sanklecha, J), the plaintiff has to pay Municipal taxes at pre amended rates and also the additional tax at the rate of 50 percent of the differential tax etc.
In reply the ld. Adv. for plaintiff submits that the plaintiff is holding the premises in capacity of tenant. Landlord is liable to pay the municipal taxes. According to him RAD Suit 28 of 2007 is pending before the Small Causes Court between the partner of the plaintiff and the landlord and an interim injunction is granted for not disturbing the possession. According to adv. For defendant Ganga Jamuna Theater is already closed since 2006.
Considering the submissions it appears that a suit is filed for declaration and injunction only. The plaintiff is seeking declaration that the defendant is not entitled to close the small gate of Ganga Jamuna which is the only ingress and egress available. The plaintiff has prayed for consequential relief of injunction. Under such circumstance when the plaintiff has not challenged the levy or recovery of municipal taxes, it cannot be said that this court has no jurisdiction. Therefore the submission for framing preliminary issue cannot be considered.
Mr. Pramod Babar, Deputy Superintendent, Tax Assessment department of the defendant corporation who is present before the court, submits that the defendant has initiated action against for recovery of taxes Mr. B. N. Gamadia in respect of the premises of Ganga Jamuna Theater for the period 2000 to 2018 for an amount about Rs. 77,19,538/-. He furher submits that the landlord has paid Rs. 38 lakhs of rupees and sought further time.
Prima facie there is no notice issued to the plaintiff for recovery of municipal taxes. In the circumstances closing the main entrance of the premises by sealing the same would amount to obstruction to the ingress and egress of the plaintiff. Therefore in view of the ratio laid down in the case of Nitin Datar vs. State of Maharashtra (W.P. (L) NO. 1238 of 2018) the defendant is directed at this stage to remove the seal so put to the main entrance door of the premises. The defendant may initiate necessary action for recovery of Municipal taxes available under the law. The compliance of this order be reported by the defendant on 13.06.2018 by filing photographs indicating date.
An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to both the parties immediately today.
Adjd for compliance to 13.06.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2018
Date: 13-06-2018
Business: Resumed.
Adv. Chandramore for MCGM submits report @ photographs.
The P.O. is busy in judgment of Suit No. 7115 of 2001. For want of time the board is discharged.
Adjd for compliance to 27.06.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Resumed.
The P.O. is busy in hearing of Suit No. 2511 of 2016 and other ad-interim reliefs matter and judgment in sessions Case No. 2 of 2018, for want of time the board is discharged. Earlier order if any to continue till the next date.
Adjd for compliance to 06.08.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Resumed.
Adv. J.S. Yadav for plaintiff and Adv. Chandramore for MCGM are present.
Adv. Yadav seeks time to keep the plaintiff present.
Adv. Chandramore submits that the order dtd. 07.06.2018 is complied with. The plaintiff is directed to get the suit registered by removing office objections if any.
Adjd for compliance to 19.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: Resumed.
The P.O. is busy in hearing arguments on NM No. 1515/2014 in Suit No. 2721/2010 and part heard arguments of NM in Suit No. 2179/2017 to 2181/2017 and other sister suit. For want of time the board is discharged.
Adjd for Compliance to 02.11.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Resumed.
The P.O. is busy in dictating order in ad-interim reliefs in Suit No. 2830/2018 and hearing final arguments in high Court time bound matters i.e. 2187/2006 and 3169/2006. For want of time the board is discharged.
Adjd for compliance to 07.01.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2019
Date: 07-01-2019
Business: Resumed.
The P.O. is on leave.
Adjd for Compliance to 25.02.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: As court busy in NM Hearing in Suit no. 909 of 2018. Hence board is discharged.
Matter adjd. to 29.3.19 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Adv.Mr.J.S.Yadav for plaintiff present.
Adv.Patil for defendant/MCGM present.
Matter adjd to 14.06.2019 for Ch/s hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv.B.P.Shukla for plaintiff present.
Adv.Patil for defendant/MCGM present.
Matter adjd to 24.07.2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: None for plaintiff.
Adv.Ms. Tondwalkar for defendant/Corporation present.
Steps not taken.
Matter adjd to 26.08.2019 for Order
Next Purpose: ORDER
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv.Kudalkar for Plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Heard.
Matter adjd to 30.08.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Court is busy in NM Order Suit no. 3949/13
hence Board discharged
Matter is adj. to 04-09-2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: As Court is busy in dictating order in 2007/11 to 2009/11, hearing and passing order on N/M in SU 1062/18 and other misc. work hence, board is discharged.
Matter adjd to 13/09/2019 for order on N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Plaintiff and Adv. Mr. Shukla present.
Adv. Mr. Patil for defendant/MCGM present.
Suit be register.
F. R. S. R. Following order on Notice of Motion No.2032/2018
O R D E R
The Notice of Motion No. 2032/2018 is disposed off.
Matter adjd to 11/10/2019 for W/st.
Nature Of Disposal: OTHERWISE
Disposal Date: 13-09-2019