Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2032-18 in Stamp No. 7284-18
CNR NO.MHCC0100674418
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2032 OF 2018
IN
L.C. SUIT (STAMP) NO. 7284 OF 2018
M/s. Ganga Jamuna Canteens …...Plaintiffs
Versus
Municipal Corporation of Gr. Mumbai ..... Defendant
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 13th September, 2019.
Appearance:
Ld. Adv. Mr. Kudalkar for the 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 sealing or closing the small
gate and/or blocking the ingress and egress of the plaintiff to the suit
premises.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3 Vide order dated 07.06.2018, this Court has passed the following
order:
''Prima facie there is no notice issued to the plaintiff for recovery
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2 NM 2032-18 in Stamp No. 7284-18
of municipal taxes. In the circumstance 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.
1238/2018 the defendant is directed at this stage to remove the seal so
put to the main entrance door of the premises.''
The directions are already issued to the defendant to remove the
seal so put to the main entrance door of the premises.
4. The Notice of Motion is for temporary injunction restraining the
defendant from sealing or closing the small gate and/or blocking the
ingress and egress of the plaintiff to the suit premises. Vide order dated
07.06.2018 the seal is already removed.
5. In view of the earlier order passed dated 08.06.2018, nothing
survives in the notice of motion. The plaintiff is already protected by
the order dated 07.06.2018. In the result, following order is passed.
ORDER
The Notice of Motion No. 2032/2018 is disposed off in view of the
order dated 07.06.2018.
(Sanjay N. Yadav)
Judge,
Date : 13.09.2019 City Civil Court, Mumbai.
Dictated on : 13.09.2019
Transcribed on : 16.09.2019
Signed by HHJ on : 21.09.2019
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3 NM 2032-18 in Stamp No. 7284-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 21.09.2019 at 5.52 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
13.09.2019
JUDGMENT/ORDER signed by
P.O. on
21.09.2019
JUDGMENT/ORDER uploaded
on
21.09.2019
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