Final Order 1

Order Details: Chamber summons
Pdf Text: :1: NM 2384/18 in L.C.Su. No.8793/98 (D.of)
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.2384 OF 2018
IN
L.C.SUIT NO.8793 OF 1998 (Disp. of)
Vandana Mathuradas Thakkar
Aged 37 years,
Occ. Laboratory Technician,
Indian Inhabitant of Mumbai. Plaintiff.
V/s.
The Brihan Mumbai Municipal Corporation
A Statutory body incorporated under the
Bombay Municipal Corporation Act, 1888
having its head office at Mahapalika
Building, Mahapalika Marg, Fort,
Mumbai – 400 001. Defendants.
Advocate Ms. Vandana Thakkar, Plaintiff in person.
Advocate Mr. Khandagale for Deft/BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 28th JUNE, 2018
ORAL ORDER
The defendant/corporation has filed present notice of
motion to extent 4 weeks time from today.
2. The defendant submits that on 21.03.2018 this Court was
pleased to pass the judgment and decree, thereby partly decreed the
present suit in favour of plaintiff with direction to defendant to pay
Rs.50,000/ against the cost of reconstruction of the suit property and
Rs.1,20,000/ against the loss of income suffered by the plaintiff from
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:2: NM 2384/18 in L.C.Su. No.8793/98 (D.of)
May 1993 to April 1998, due to illegal demolition of the suit property
and also grated Rs. 50,000/ for mental torture and hardship caused to
the plaintiff alongwith the interest @ 6% p.a. from the date of filing of
the suit till its realization of entire amount on or before 21.06.2018.
Defendant submits that being the government public authority they
allowed to take sanction from various superior officers. The judgment
and order passed by this Court dated 21.03.2018 is under
consideration. Hence, they required 4 weeks time for considering the
same.
3. Plaintiffs filed their reply, thereby strongly objected present
notice of motion on the ground that defendant has failed to mention,
under what provision of law present notice of motion is taken out by
them. The notice of motion is nothing but the misuse and abuse of the
process. The defendant has failed and neglected to comply with the
judgment and decree dated 21.03.2018. This Court is not the appellate
Court to grant the stay to the defendant. Hence, prayed to reject the
notice of motion.
4. Today the defendant has filed application, thereby submits
that their higher authority has decided to challenge the judgment and
decree passed by this Court on 21.03.2018, before Hon'ble High Court.
The defendant proceeded to file first appeal before the Hon'ble High
court on 27.06.208, however, due to court fee problem the appeal could
not filed. Hence, this defendant in the interest of justice and for filing
the first appeal is seeking further extension of 4 weeks time. On the said
application plaintiff filed their say, thereby strongly objected said
application. The Hon'ble Court has granted sufficient time of 3 months
to comply the decree and to take appropriate steps in the matter but till
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:3: NM 2384/18 in L.C.Su. No.8793/98 (D.of)
date the defendant has not taken any steps to comply the said order.
Without intimating the plaintiff the defendant sought extension of 1
week from this Court on 21.06.2018, which shows malafide on the part
of the defendant. Hence, prayed to reject the said NM with heavy costs.
5. Heard advocate Ms. Vandana Thakkar, the plaintiff in
person and Mr. Khandagale for defendant/BMC.
After perusal of record it is observed that 3 months time
was granted to the defendant to comply with the order and to deposit
the decretal amount. It is also admitted fact that the
defendant/corporation is the public authority. For compliance of any
order they have to pursue the matter with their higher authority. They
also prepared the appeal but due to unavailability of court fee stamp
they couldn't filed. Considering the fact that the defendant is the public
authority, I proceed to pass following order :
ORDER
1. Notice of Motion No. 2384/18 is partly allowed.
2. Three weeks time extended to the defendants to comply
with the judgment and decree dated 21.03.2018, as last chance.
3. NM disposed of accordingly.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 28/06/2018.
Dictated on : 28/06/2018
Transcribed on : 29/06/2018
Signed on : 30/06/2018
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:4: NM 2384/18 in L.C.Su. No.8793/98 (D.of)
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
28/06/2018 At 05.27 p.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
28/06/2018
Judgment/Order signed by P.O. on 30/06/2018
Judgment/Order uploaded on 30/06/2018
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