Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1705 OF 2019.
IN
L.C. SUIT (STAMP) NO. 9761 OF 2019
Laxmi Industries )...Plaintiff
Versus )
The Municipal Corporation of Greater )
Mumbai )...Defendants
And
M/s. Mamaji Industrial Corporation & Anr. )...Applicants
Appearance:
Adv.Khan Javed Akhtar for applicant.
Advocate Mr.Sutar for defendant/MMC.
Adv.Amarendra Mishra for plaintiff.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 01st OCTOBER, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the applicant for
adding party. This chamber summons resisted on behalf of the plaintiff
by filing reply. Read the present chamber summons of the applicant,
reply of the plaintiff thereon. Heard both the learned counsels on behalf
of both the sides at length. Perused the record.
2. The learned counsel on behalf of the applicant has
submitted that the applicant M/s. Mamaji Industrial Corporation is the
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tenant in respect of premises admeasuring about 4500 sq.ft. on the
ground floor plus first floor and first floor situated at 208/210, Atlas
Mills Compound, Reay Road, Barrister Nath Pai Marg, Near Mathar
Pakhadi, Mumbai. The applicant sublet its premises to one Mr.Kishore
S.Signapurkar who was carrying out the business of leather and
footwear manufacturing in the name and style of M/s.Hitech Leather
Industries as sole proprietor. The applicant let out its premises to Mr.
Kishore Signapurkar by way of Leave and Licence Agreement dated
01/01/2003. The copy of the said agreement is produced by the
applicant at Exh.B. The agreement of the applicant with Mr. Kishore
Signapurkar comes to an end on 31/03/2003. The said Signapurkar
has not hand over the possession of the premises of the applicant and
therefore, the possession of Mr.Signapurkar is unlawful. Therefore, the
applicant has filed the suit against Mr.Signapurkar before the Small
Causes Court, Mumbai. The present plaintiff M/s. Laxmi Industries is
also tenant in the same building of the ground floor situated on 208 and
210 Atlas Mill Compound, Reay Road,Mumbai. The under challenge
notice was issued by the Municipal Corporation to Mr.Kishore
Signapurkar who is sub tenant of the present applicant. The plaintiff
unauthorizedly constructed temporary shed using Tarpaulin sheets and
bamboo framing on second floor terrace and open passage of first floor.
Therefore, the present applicant is being original tenant of the ground
floor and first floor of the suit premises and notice issued by the
defendant Corporation in respect of suit premises in the name of
Kishore Signapurkar who is tenant of the applicant and the applicant is
the necessary party to the present suit.
3. The learned counsel on behalf of the plaintiff has argued
that the present applicant is no concerned to the suit premises as well as
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the ground floor and first floor of the premises bearing no. 208 and 210
situated at Atlas Mills Compound, Reay Road, Mumbai. The present
applicant has filed the suit against Mr. Kishore Signapurkar before the
Small Causes Court, Mumbai. The notice under challenge is issued by
the defendant Corporation to concern with the suit property and not
premises belonging to the present applicant. The present applicant is
not necessary party in the present suit. It is not necessary to adjudicate
the dispute in between the plaintiff and defendant in presence of the
present applicant. The present application came to be filed on behalf of
the applicant with intention for prolonging the matter and to harass to
the plaintiff. On these grounds, the learned counsel on behalf of the
plaintiff has submitted that the chamber summons taken out by the
applicant may kindly be dismissed.
4. After hearing arguments advanced on behalf of both the
sides at length and on perusal of the documents on record, it appears
that the present applicant M/s. Mamaji Industrial Corporation has filed
rent receipt issued by the real owner of the ground floor and first floor
of the property situated on 208 and 210 at Atlas Mills Compound, Reay
Road, Mumbai and the agreement of leave and license of January 2003
produced by the applicant which is at Exh.B. It reveals to me that the
present applicant sub letting the premises of ground floor and first floor
to Mr.Kishore Signapurkar who was carrying out the business of leather
and footwear manufacturing in the name and style of M/s. Hitec
Leather Industries. It is pertinent to note that the plaintiff has admitted
that he temporary erected shed using Tarpaulin sheets and Bamboo
framing on suit premises. On perusal of the notice under challenge
dated 23/08/2019, it appears that in the schedule column it has
mentioned unauthorized construction of temporary shed using
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Tarpaulin Sheets and Bamboo framing on second floor terrace and open
passage of first floor measuring 18m x 21m also unauthorised
construction of Temporary shed using Tarpaulin sheets and bamboo
framing at open space behind ground floor measuring 4.3 m x 21 m at
Leather House, Near Atlas Mill compound, Barrister Nath Pai Marg,
Mazgaon,Mumbai.
5. On careful perusal of the notice under challenge dated
23/08/2019, the said notice has been issued by the defendant
Corporation not in the name of the plaintiff i.e. M/s Lakshumi
Industries, but it is issued in the name of Kishore Signapurwala, Leather
House and therefore, as being the applicant is the original tenant of
the ground floor as well as first floor of the property bearing no. 208
and 210, Atlas Mills Compound, Reay Road, Mumbai. The applicant is
proper and necessary party to the present suit. Hence, I have proceed to
pass following order.
ORDER
1. Chamber summons no.1705/19 is hereby allowed as prayed for.
2. The plaintiff and its advocate are hereby directed to add the name of
the applicant as defendants within stipulated period.
3. Chamber summons no. 1705/19 is disposed off accordingly.
Date : 01.10.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 01.10.2019
Transcribed on:01.10.2019
Signed by HHJ:
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/10/2019 5.00 p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
01/10/2019
Judgment/order signed by P.O on 04/10/2019
Judgment/order uploaded on 04/10/2019
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