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 1902 of 2018
Shri Mohhammad Ajij Harun ..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 No. 624 i.e. Barber stall
situate at Sahakar Nagar Shopping center, Wadala, (West),Mumbai
400 031.Plaintiff is legal hair of original occupants and license holder,
namely Mr. Mohhammad Harun by Agreement for affidavit dated
12/1/2011 and 2/6/2012. Plaintiff is carrying his business of barber
from the suit premises . Suit Property exists since much prior to
1/1/2000 till date thus the same is protected structure as per the
prevailing policy of Maharashtra Govt. Defendant has issued a license
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to the plaintiff as per the MMC Act. According to the defendant,
plaintiff has not paid the rent of the suit 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 license is cancelled.
Hence, prayed to refuse ad interim relief.
4 I have heard both sides.
5 Plaintiff is in occupation for shop No. 624 i.e. Barber stall
situate at Sahakar Nagar Shopping center, Wadala, (West),Mumbai
400 031.Plaintiff is legal hair of original occupants and license holder,
namely Mr. Mohhammad Harun by Agreement for affidavit dated
12/1/2011 and 2/6/2012. Plaintiff is carrying his business of barber
from the suit premises . 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
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the notice of motion is hereby granted till next
date.
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.”
11/9/2018 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
11/9/2018
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