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 1903 of 2018
Smt. Supriya Sada Vapilkar and 5 others ..Plaintiffs
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 Plaintiffs have 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 No.1 is a doing business of provision store.
Plaintiff no. 2 is doing business of electric instrument. Plaintiff no. 3 is
doing business of cutlery Plaintiff no. 4 is doing business of tailoring
and plaintiff no. 5 is doing business of cloths in the suit shops for
earning their livelihood. All the stalls situate at Sahakar Nagar
Shopping center, Wadala, (West),Mumbai400 031.Plaintiff No. 1 has
Purchased suit property from one Harishchandra D.Rane vide
Agreement for sale and Power of Attorney and Affidavit dated
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23/7/2000. Plaintiff no.2 has purchased suit property from one Dilip
Naghavji Shaha, vide Agreement for sale and Power of Attorney and
Affidavit dated 20/5/1999. Plaintiff no. 3 has purchased suit property
from one Mr. T.T.Ismail vide Agreement for Sale and Power of
Attorney and Affidavit dated 13/4/2005. Plaintiff no. 4 has purchased
suit property from Prakash Asharam shivtarkar dated 10/4/2003.
Plaintiff no.5's husband Satish Thakur has purchased the suit property
from Shree Bhairumal Jain in the year 19971998, thereafter this suit
property has obtained by the plaintiff from her husband through
Affidavit and Power of Attorney in the year 2006.. Plaintiff states that
all Original license holder/occupier 1) Mr Harishchandra D. Rane, 2)
Mr. Dilip Naghavji Shah 3) Mr. T.T. Ismail 4) Mr.N.S. Mamidi 5) Mr.
Purshottam Ramdhar, were carrying on business of above detail from
the suit premises which the plaintiffs continued after purchase of suit
premises till date. Suit property exists since much prior to 1/1/2000 till
date thus the same is protected structure as per the prevailing policy of
the Maharashtra Govt. Defendant has issued a license to the original
licence holders 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. Plaintiffs are ready to pay the license fee
to the defendant. Plaintiff are running their 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, plaintiffs
have not paid license fee. Plaintiffs are 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.
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4 I have heard both sides.
5 Plaintiffs are the stall holders. Plaintiffs have acquired the
rights in the stalls from earlier owners. Now, plaintiffs run their
business. It appears that defendant issued a notice to the plaintiffs for
cancellation of the licenses on ground of non payment of license fees.
However, plaintiffs have specifically pleaded that they are ready to pay
the license fees. Plaintiffs run their small business in the stalls. Thus in
view of the facts and circumstances, I find that plaintiffs are 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.
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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