Final Order 1

Order Details: Notice of Motion
Pdf Text: Crest Hotels Ltd. and Anr. Vs. Poonam Property Premises Co-Op Society
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Contempt of Notice of Motion No.2585 of 2019
In
S.C. Suit No. 1747 of 2016
1. Crest Hotels Ltd.
A Company incorporated under
Companies Act, 1956 having its
address at Shanti Kutir, 1st floor,
68, S.V.Road, Andheir (W),
Mumbai- 400 058
2. Madhuli CHS Ltd.,
a Society registered under the
Maharashtra Co-Op. Societies Act,
1960, having its address at
Dr.A.B.Road, Worli,
Mumbai- 400 018 ..Plaintiffs
Versus
Poonam Property Premises Co-Op.
Society Ltd.
having its address at Poonam Apartment,
Dr.A.B.Road, Worli,
Mumbai- 400 018 ..Defendant
AND
Poonam Property Premises Co-Op.
Society Ltd.
having its address at Poonam Apartment,
Dr.A.B.Road, Worli,
Mumbai- 400 018 ..Contemnor
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Crest Hotels Ltd. and Anr. Vs. Poonam Property Premises Co-Op Society
Coram : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL (C.R.No.19)
Dated : 15th February, 2021
Appearance:
Adv. Mr. Arvind Giriraj i/b Adv. Sanket Mungale
for plaintiffs.
None present
for defendant.
O R A L O R D E R
The plaintiffs have taken out this Notice of Motion for action
against Defendant on account of violation of order of temporary
injunction passed by the Court on 18.2.2019 while deciding Notice of
Motion No.2925 of 2016 whereby the Defendant was restrained from
allowing its' members from parking vehicles on the common approach
road between the premises of the plaintiffs and Defendant. It is
contended by the plaintiffs by annexing photographs that despite the
order, members of the Defendant continued to park their vehicles on the
subject road.
2. Reply has been filed by Mr. C.U.Pandey, Manager of the
Defendant who has unconditionally tendered apology and requested to
accept the same. He has also contested the Notice of Motion on merits.
3. Since last several dates despite opportunities nobody has
appeared for Defendant in the matter. As far as sentencing the
contemnor to civil imprisonment is concerned, I do not think that same
would be necessary in view of unconditional apology tendered by
Manager of the Defendant and as also the nature of controversy.
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Crest Hotels Ltd. and Anr. Vs. Poonam Property Premises Co-Op Society
Moreover, in absence of the names of contemnors being specified in
Notice of Motion, it would not be possible.
4. Thus, the apology tendered in this regard is accepted.
Furthermore, in order to ensure that the order passed by the Court is
complied in letter and spirit, purpose would be served if Sr.P.I. of Worli
Police Station is directed to render assistance to the plaintiffs in this
regard. In such circumstances, I pass the following order:-
O R D E R
1. Contempt Notice of Motion No. 2585 of 2019 is partly allowed.
2. Apology tendered by Manager of the Defendant is accepted and
Sr.P.I. of Worli Police Station is directed to render assistance to the
plaintiffs in ensuring compliance of order passed in Notice of Motion
No.2925/2016 on 18.2.2019 in S.C.Suit No. 1747 of 2016.
3. Contempt Notice of Motion is accordingly disposed of.
15.2.2021 (S.B.AGRAWAL)
Principal Judge,
Gr.Bombay.
Dictated on : 15.2.2021
Transcribed on : 15.2.2021
Signed by HHJ on : 15.2.2021
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Crest Hotels Ltd. and Anr. Vs. Poonam Property Premises Co-Op Society
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: B.S. Parab
Upload date and time: 16.2.2021 (at 11.40 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri S.B.AGRAWAL(C.R.No.19)
Date of Pronouncement of Order 15.2.2021
Order signed by P.O. on 15.2.2021
Order uploaded on 16.2.2021
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