Interim 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
L.C.SUIT NO. 2401 OF 2019
Smt. Suchitra Ganesh Bhatkar )...Plaintiff.
Versus
The Municipal Corporation of )
Greater Bombay )...Defendants.
Appearance:
Advocate Mr.Mohit Jadhav for plaintiff.
Advocate Mr.Kumavat for defendants/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 09th SEPTEMBER, 2019.
(C.R.No.06)
O R D E R
Heard learned counsel on behalf of the plaintiff on notice of
motion. Read the present notice of motion. Perused the documents
produced on behalf of the plaintiff.
2. The learned counsel on behalf of the plaintiff has argued that the
plaintiff is owner and is carrying on business of flowers, sweet and
coconut under the name and style of " Shri Ganesh Flower & Sweet
Mart" from a shop admeasuring about 48.63sq.ft. having 10 feet height
and is situated at Shri Siddhivinayak C.H.S. Ltd., S.K.Bole Road, Agar
Bazar, Dadar (west), Mumbai. (hereinafter referred to as " the suit
shop"). The defendants Municipal Corporation of Greater Bombay
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without giving prior notice to the plaintiff demolished the suit premises
on 26/07/2019. Thereafter, on 13/08/2019, the plaintiff made
representation to the defendants and requested therein to permit her for
reconstruction of the suit premises. Thereafter, on 15/08/2019, the
officer of the defendant was orally permitted to the plaintiff to keep two
Show cases and start the business. The plaintiff kept two Show Cases as
per the oral permission of the officers of BMC and started her business
on the suit premises. The representation dated 13/08/2019 of the
plaintiff is pending. There is no finally decided of the representation by
the defendants. The defendants tried to threaten to the plaintiff to
remove two Show Cases of the plaintiff from the suit premises.
3. On perusal of the contention of the plaint and after hearing
arguments of the learned counsel on behalf of the plaintiff, it appears
that the plaintiff has admitted that on 26/07/2019, the defendants/
Municipal Corporation of Greater Bombay, demolished the suit
premises. Admittedly, there is no written order on behalf of defendants
to the plaintiff to start her business by keeping two Show Cases.
Therefore, it appears that the plaintiff has not made out prima facie
case. Hence, it is not proper to pass any order against the defendants
without opportunity to the defendants for filing its reply on notice of
motion. Hence, I have proceed to pass following order.
ORDER
1. Ad interim relief is hereby rejected.
2. Leave granted to register draft notice of motion.
Date : 09/09/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 09/09/2019
Transcribed on: 09/09/2019
Signed by HHJ : 09/09/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
09/09/2019 10.59 a.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
09/09/2019
Judgment/order signed by P.O on 09/09/2019
Judgment/order uploaded on 11/09/2019
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