Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 2778 OF 2019
IN
L.C. SUIT (STAMP) NO. 6416 OF 2019
CNR NO. MHCC010058972019
Bright Brothers Enterprises Builders and Developers )...Plaintiff.
Versus
The Municipal Corporation of Greater Mumbai & Ors. )...Defendants.
Appearance:
Ld. Advocate Mr. V.P.Shastri for plaintiff.
Ld.Advocate Mr.Parshurami a/w. Mr.Sutar for defendant/BMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 16/09/2019.
(C.R.No.06)
O R D E R
Heard both the learned counsels on behalf of both the sides
at length on notice of motion. On perusal of the plaint, it appears that
the plaintiff has challenged the notices no.E/DO2E/209/531
MRTPACT/E47 N01/09/08/2016 Dt.09/08/2016, Notice number
ACE/274/SRABLDG.Dt. 13/4/2017, Notice Number ACE/678/SRA
BLDG Dt.01/04/2019 and Notice Number ACE/804 SRA BLDG
Dt.14/06/2019.
2. It is controversy in between the parties are that plaintiff
stated that on 29/11/2016, he issued regularization application
alongwith plan to the defendants and the same is pending for decision.
It is the say of the defendant that there is no any regularization
application pending of the plaintiff with the defendants. The copy of
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regularization plan dated 29/11/2016, is filed by the plaintiff on
record. Therefore, I am of the opinion before going to merit in the
matter, it requires opportunity given to the plaintiff to produce
concern documents of its regularization to the defendants and it be
directed to the defendants to decide the regularization application of
the plaintiff. Therefore, instead of passing final order on notice of
motion of the plaintiff, I have passed interlocutory order. Hence, I
proceed to pass following order.
ORDER
1. Ad interim notice of motion is hereby partly allowed.
2. The defendants are hereby temporarily restrained for taking any
action against the plaintiff in respect of the suit premises till
30/09/2019.
3. The plaintiff has liberty to produce any concern documents in
support of its regularization application to the defendants on or before
21/09/2019.
4. The defendants shall decide regularization application of the plaintiff
on or before 27/09/2019.
If the defendants decide or fail to decide regularization
application of the plaintiff on or before 27/09/2019, the matter be kept
for arguments on notice of motion on 30/09/2019.
5. Both the parties are liberty to reargue on notice of motion no.
2778/2019 on 30/09/2019.
Date :16/09/2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on:16/09/2019
Transcribed on:17/09/2019
HHJ signed on: 20/09/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20/09/2019 3.00 p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
16/09/2019
Judgment/order signed by P.O on 20/09/2019
Judgment/order uploaded on 20/09/2019
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