Interim Order 1

Order Details: Order below exhibit
Pdf Text: SUIT NO.2331/2019
ORDER BELOW EXH.4
IN
SUIT NO.2331 OF 2019
Billimoria Marbles and Stones Pvt Ltd … Plaintiff
Versus
The Designated Officer
and The Deputy Estate
Manager, Mumbai Port Trust ….Defendant
ORDER
1) The application is filed by plaintiff to extend
the earlier order of ad interim for a period of one month to
file appeal against the order passed in notice of motion.
The defendant filed reply and opposed to grant stay to the
application.
2) Heard Advocate Mr. Prerak Chaudhary for
plaintiff and Adv. Ms. Shivani Kumbhojkar for defendant.
Perused application and say. Adv. Mr. Chaudhary for
plaintiff argued that the adinterim order was continued
till decision of notice of motion. In the suit property a
school is functioning therefore it is necessary to extend the
adinterim order till they file appeal before Hon'ble High
Court. On the other hand Adv. Ms. Kumbhojkar for
defendant argued that the Court has held that it is an
unauthorized construction therefore adinterim order
cannot be extended.
3) The notice of motion is rejected on
25.03.2021. The ground of rejection is on the basis of
document of unauthorized construction brought on record
by the defendant. The plaintiff company has handed over
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SUIT NO.2331/2019
the possession to the educational institution without
permission/consent of Bombay Port Trust. It is the plaintiff
company who has filed the suit to protect the possession
of the educational institution. Initially the fact of
possession of educational institution in the plaint was not
disclosed but thereafter has filed a document when reply
was filed by plaintiff to show that the educational
institution has been granted recognization to conduct
school. Considering these facts on record the adinterim
order cannot be continued as notice of motion to grant
temporary injunction is rejected. Hence pass following
order :
ORDER
1. Application is rejected.
2. Accordingly, application is disposed of.
( S.S.NAGUR )
Judge
Dt.: 26/03/2021 City Civil Court,
Gr. Mumbai
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SUIT NO.2331/2019
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
26.03.2021 & 4.00 pm : Mr. Mohit M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 20)
Date of pronouncement of Judgment/ : 26.03.2021
Order
Judgment/Order signed by the P.O. on : 26.03.2021
Judgment/Order uploaded on : 26.03.2021
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