Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Draft Notice of Motion
In
Suit No 1529 of 2018
Altaf Ahmed Latif Ahmed Khan ...Plaintiff
V/s
Municipal Corporation of Greater Mumbai ...Defendants
Advocate N.D.Jaywant for plaintiff
Advocate Mrs. Chavan for BMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 19thJuly 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
implementing or acting upon the impugned notice dated 8/5/2018
and order dated 12/6/2018.
2 Plaintiff has come with a case that he is in possession of
shop known as 'Shabana Store' situate at Ground floor, A block,
Imperial Mahal, 807A Khodadad Circle, Dadar T.T., Mumbai400 014
(herein after same is referred as a suit premises)
3 The Building, Imperial Mahal is a heritage building and
was constructed prior to 1940. The suit premises is on the ground floor
of the said building and in existence much prior to the year 1962.
Plaintiff's grandfather, namely Shri Basir Mohamed Nazir Mhamed was
the tenant of the suit premises. Basir Mohamed Nazir Mohamed was
carrying on business of Biscuits, Chocolates and Confectionary. After
the demise of Basir Mohamed, the plaintiff came in possession of the
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suit premises. Now plaintiffs carries the business in the suit premises.
Plaintiff has rent receipts of the month of March 1968, April 1969 and
February 1992. There is electricity connection in the suit premises. The
electricity bills are paid from 1979 . Plaintiff has taken telephone
connection. Plaintiff has also procured various licences from the
concern departments to carry the business. However, on the basis of
false complaint defendant issued a notice to the plaintiff dated
8/5/2018 U/s 351 of MMC Act. Plaintiff gave reply of the notice and
also produced documents, however, the officer of the defendant did not
consider the documents and passed the order dated 12/6/2018. The
notice and order are illegal, bad in law. Plaintiff is carrying his business
in the suit premises since long. The suit premises is in existence from
1969. Hence prayed to grant ad interim relief.
4 Notice is served to defendant. Defendant did not produce
any documents.
5 I have heard Shri Jaywant advocate for the plaintiff and
Smt. Chavan advocate for defendant corporation.
6 Shri Jaywant advocate for plaintiff has submitted that the
suit premises is in existence prior to 1969. Initially plaintiffs
grandfather was tenant. Thereafter, plaintiff came in possession of the
suit premises . Plaintiff carries business in the suit premises. Plaintiff
has obtained the necessary licenses from the concerned authorities.
There is electricity connection and water connection in the suit
premises. The suit premises is in the ground floor of the heritage
building, Imperial Mahal. However, the adjoining developer gave false
complaint to the defendant and defendant without verifying the facts
issued a notice and passed impugned order. He has invited my
attention towards documents on record and submitted that all the
documents prove that plaintiff is in possession of the suit premises
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since long. Hence, he prayed to grant ad interim relief.
7 Smt. Chavan advocate for defendant has submitted that
suit premises is near stair case in the ground floor of the building. In
case of emergency such as fire incident there is no access to approach
in the building . The officer of the defendant inspected the site and
thereafter issued the notice . Hence she supports the notice and order
and prayed to reject the ad interim relief.
8 From the pleadings it appears that the suit premises is in
the ground floor adjacent to the stair case of the building Imperial
Mahal. From the rent receipts produced by the plaintiff it reveals that
initially plaintiffs grandfather was the tenant of the suit premises. He
was tenant since the year 1968. Now plaintiff is in possession of the
premises. Plaintiffs grandfather was carrying the business there. It also
appears that there is old electricity connection and water connection in
the suit premises. Plaintiff has obtained the licenses from the concerned
authorities to run his business. Thus, the possession of the plaintiff and
his grand father of the suit premises is since 1968.The officer of the
defendant did not consider the above facts and recorded findings that
the structure is unauthorized. Thus there are triable issues between
the parties . Hence, it is necessary to preserve the suit premises as on
today. Hence, in view of the above discussion and documents
produced by the plaintiff, I find that plaintiff is entitled for ad interim
relief. Therefore following order:
ORDER
1 Ad interim relief is granted in terms of prayer clause (a)
of the notice of motion.
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2 Draft Notice of motion be registered.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 19/07/2018
Typed on : 21/07/2018
Signed by HHJ. 21/7/2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
24/7/2018 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
19/07/2018
JUDGEMENT/ORDER signed by
P.O. on
21/7/2018
JUDGEMENT/ORDER uploaded
on
24/7/2018
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