Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Draft Notice of Motion
In
L.C.Suit 1901 of 2018
Shri Sada Laxman Vapilkar ..Plaintiff
V/s
Municipal Corporation of Gr Mumbai
and 2 others .... Defendants
Advocate Mr.Satish Thakur for plaintiff
Advocate Mr.Khandagale for defendant MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 11th September 2018.
(Court Room No.06)
O R D E R
1 Plaintiff has taken out this draft notice of motion to
restrain defendant/Municipal corporation, Gr. Mumbai from taking any
action on the basis of impugned notice dated 3/1/2018 and 6/6/2018
in respect of the suit premises till the decision of the suit.
2 Facts in brief are as under:
Plaintiff is in occupation of shop i.e. stall situate at Sahakar
Nagar Shopping center, Wadala, (West),Mumbai400 031.Plaintiff has
acquired the suit premises from one Husain Khan Hamjakhan by
Agreement for Sale and Power of Attorney dated 02/03/1993. Plaintiff
is carrying his business in the suit premises from 1993. Plaintiff is doing
a business of selling of notebook, books etc in the said premises.
Defendant has issued a license to the plaintiff as per the MMC Act.
According to the defendant, plaintiff has not paid the rent of the suit
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premises and therefore impugned notices are issued. Plaintiff is ready
to pay the license fee to the defendant. Plaintiff is running his shop in
the suit premises and this is only earning source of the plaintiff.
Defendant has issued the false notice to the plaintiff. Hence, prayed to
grant ad interim relief.
3 Notice is served to the defendant. Defendant filed short
affidavit of Sambhaji Bhausaheb Patil, Sr. Inspector license. Defendant
also produced the documents. According to the defendant, plaintiff has
not paid license fee. Plaintiff is in arrears of the license fee more than
two years therefore as per circular of defendant the licence is cancelled.
Hence, prayed to refuse ad interim relief.
4 I have heard both sides.
5 Plaintiff is stall holder. Plaintiff runs his shop in the said
stall. The admeasuring area of the said shop is 2 meter x 1 meter. It
appears that plaintiff has acquired the shop from earlier owner Husain
Khan Hamza Khan by Agreement for Sale and Power of Attorney
dated 2/3/1993. Plaintiff is in possession of the shop. Plaintiff has also
license issued by defendant to run the business. The defendant issued a
notice to the plaintiff to remove the stall on the ground that plaintiff
has not paid the license fee to the defendant. However, it appears that
plaintiff is ready to pay the license fee to the defendant. It appears that
plaintiff is the license holder of the defendant and he runs business
there. Therefore in such a circumstances, I find that plaintiff is entitled
for ad interim relief. Hence, following order :
ORDER
1 Ad interim relief in terms of prayer clause (a) of
the notice of motion is hereby granted till next
date.
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2 Draft Notice of motion be registered.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 11/9/2018
Typed on : 11/9/2018
Signed by HHJ. : 11/9/2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
11/9/2010 Mrs. S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
11/9/2018
JUDGEMENT/ORDER signed by
P.O. on
11/9/2018
JUDGEMENT/ORDER uploaded
on
11/9/2010
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