Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2135-2018 1 St. No. 271-2018
MHCC010069092018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEF ON
NOTICE OF MOTION NO 2135 of 2018
(CNR NO.MHCC01006909-2018)
IN
L.C. STAMP N0.271 OF 2018
1. Brahmajyoti B-Wing Tenants ]
Association (Proposed) and 2 Ors. ] ... Plaintiff
Versus
Municipal Corporation of Greater ]
Mumbai. ]...Defendant
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Appearances:-
Ld. Adv. Mr. Ashok Sarogi for the Plaintiff.
Ld. Adv. Mr.Abhijit Mangande defendant / MCGM.
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CORAM : HIS HONOUR JUDGE
SHRI U.J.MORE
(Court Room no. 8)
DATED : 19th September, 2020
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NM 2135-2018 2 St. No. 271-2018
O R A L O R D E R O N N O T I C E O F M O T I O N
1. This Notice of Motion is filed by the plaintiff against the
defendant corporation with a prayer of injunction to restrain defendant
corporation from implementing the notice dated 22/05/2018 and/or be
restrained from disconnecting the electricity and water supply to be the
premises of the members of the Plaintiffs No.1 in respect of the building
known as “Brahmjyoti “B” Wing, Ganesh Gawde Road, Mulund (W),
Mumbai 400 080.
2. The defendant corporation has filed affidavit in reply to the
Notice of Motion. It is contended that the suit building is in dangerous
condition and shall collapse at any time, the water supply, as also the
electric supply of the entire area will get disconnected, if the building
collapses and which shall result in serious loss and damages to the
residents of the nearby area.
3. It is utmost essential that the water connection and electric
supply will be disconnected. It is stated that, no undertaking can
prevent the loss and damage to the nearby residents and therefore,
prayed for the rejection of the Notice of Motion.
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NM 2135-2018 3 St. No. 271-2018
4. Heard, Learned Adv.Mr.Ashok Sarogi for the plaintiffs and
Learned Adv.Mr.Abhijit Mangade for the defendant corporation.
5. I have already rejected the Notice of Motion No.2134 of
2018 on merits. The Notice of Motion No.2134 of 2018 was filed for
relief on ad-interim injunction against the defendant corporation for not
implementing the notice dated 10/01/2018 Under Section 354 of MMC
Act, 1988.
6. Considering the dangerous and worst condition of the
building. The Structural Audit Report already filed by M/s. System
Structural Consultant Pvt. Ltd. Classifies by the building in C1 category.
It transpires from the report itself the building being in a dangerous
condition and needs to be pull down. Therefore, considering the
dilapidated condition of the building and the defendant corporation has
complied all the circular dated 25/05/2018 as per point wise 1.02,
1.03, 1.07 and 1.08. Now it is Chrystal clear that the defendant
corporation has complied in view of direction of Hon’ble High Court in
Writ Petition No.1135 of 2014 and MMC circular dated 25/05/2018 the
compliance it is covered by corporation till point No.1.08.
7. The defendant corporation actually bonafidely and lastly
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NM 2135-2018 4 St. No. 271-2018
issued notice Under Section 354 of MMC Act, 1988 for evacuation of
the suit premises being in a dangerous position for the safety of tenants,
occupiers and plaintiffs also. The notice dated 22/05/2018 is regarding
the disconnection of electricity supply and water supply considering the
dangerous condition of a building is shown in photographs also.
8. I am of the opinion that, the plaintiffs do not deserve the
relief of injunction for disconnection of water supply and electricity
supply. Hence, I passed the following order.
ORDER
1) The prayer (a) of notice of motion is rejected being devoid of
merit.
2) N.M. No.2135 of 2018 is disposed of accordingly.
(U.J.More)
Judge,
City Civil & Sessions Court,
Mumbai.
Date: 19/09/2020.
1. Dictated on : 19/09/2020
2. Transcribed on : 19/09/2020
3. Signed on : 19/09/2020
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NM 2135-2018 5 St. No. 271-2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/09/2020. at 5:00 p.m. Mr.G.R.Suryawanshi
Name of the Judge (with Court Room no.) HHJ Shri U.J.More.
(Court Room No.08).
Date of Pronouncement of Judgment/Order 19/09/2020
Judgment/Order signed by P.O. on 19/09/2020
Judgment/Order uploaded on 21/09/2020
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