Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2913-19 in Suit No. 2187-19
CNR NO.MHCC0100801919
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2913 OF 2019
IN
L.C. SUIT NO. 2187 OF 2019
Mrs. Sangeeta Haresh Bhagdev …...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 08th November, 2019.
Appearance:
Ld. Adv. Mr. Anand Upadhyay for the plaintiff.
Ld. Adv. Mrs. Tondwalkar for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the Notice
issued under Section 351 of the Mumbai Municipal Corporation Act,
1888 (hereinafter referred to as 'the MMC Act') dated 17.06.2019 and
the Speaking Order dated 22.07.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The Schedule of the Notice dated 17.06.2019 reads as under:
''Unauthorised construction of room with mezzanine floor
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2 NM 2913-19 in Suit No. 2187-19
at common passage near toilet block at ground floor, Building No.
63/65, Morarji Kanji Bldg, Dr. Atmaram Merchant Road, Mumbai02 by
way of MS angle sections and ladi coba slab admeasuring size of 1.24 m
x 2.64 m x 3.48 m (ht) without taken prior permission from competent
authority i.e. MCGM.''
4. The order dated 22.07.2019 points out that, in response to the
notice the plaintiff neither replied nor had submitted any authentic
documents. It is observed that the plaintiff had show the existence of
notice structure or that the notice structure existed prior to 1962.
5. The Learned Advocate argued that the suit premises is in
existence since 196162. He submitted that the rent receipts, property
taxes, Shop and Establishment License, Electricity Bills etc. shows the
existence of the notice structure.
He argued that by virtue of tenancy agreement dated 11.08.2010
the plaintiff is in possession of the suit premises. It is the contention of
the plaintiff that the notice was not received by the plaintiff but her
husband was called to 'C' Ward office and was handed over the notice.
The plaintiff received 2nd letter dated 25.07.2019 the plaintiff could not
reply the notice.
6. Admittedly, the plaintiff is the tenant of the suit premises. It is
admitted fact that the plaintiff had not replied the notice. The plaintiff
seem to have instituted the suit on 29.07.2019. It is true that there is
an order as the plaintiff had responded the notice. The plaintiff did not
file say and did not get opportunity to justify the alleged construction.
The plaintiff had relied on several documents to make out primafacie
case in her favour. It is the competent authority of the defendant
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3 NM 2913-19 in Suit No. 2187-19
corporation who is empowered to deal with the reply and pass speaking
order. It is the case of the plaintiff that her husband is uneducated and
was served with the notice in 'C 'Ward. He did not bring the service of
notice to knowledge of the plaintiff.
In the interest of the justice, it would be proper to permit the
plaintiff to file the reply within 10 days from the date of order. The
corporation thereafter to pass orders within three weeks. In case of any
adverse order against plaintiff, the defendant corporation not to take
any coercive action for period of two weeks from date of the order. The
plaintiff is directed to deposit the cost of Rs. 5,000/ to the defendant
corporation. The Notice of motion No. 2913/2019 and Suit also stands
disposed off.
In the result, following order is passed.
ORDER
1. The plaintiff to file the reply within 10 days from the date of order.
2. The corporation thereafter to pass orders within three weeks.
3. In case of any adverse order against plaintiff, the defendant
corporation not to take any coercive action for period of two week
from date of the order.
4. The plaintiff is directed to deposit the cost of Rs. 5000/ to the
defendant corporation.
5. The Notice of motion No. 2913/2019 and Suit also stands
disposed off.
(Sanjay N. Yadav)
Judge,
Date : 08.11.2019 City Civil Court, Mumbai.
Dictated on : 08.11.2019
Transcribed on : 11.11.2019
Signed by HHJ on : 20.11.2019
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4 NM 2913-19 in Suit No. 2187-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 20.11.2019 at 3.05 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
08.11.2019
JUDGMENT/ORDER signed by
P.O. on
20.11.2019
JUDGMENT/ORDER uploaded
on
20.11.2019
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