Full Order Text
Order 1 · 22 Nov 2019 · CNR MHCC010108512019
Order Details: Other Pdf Text: 1 Ad-Int Order- Draft NM in SU2792-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEF ON DRAFT NOTICE OF MOTION IN SUIT NO. 2792 OF 2019 (CNR no. MHCC010108512019) Mr. inayatullah Mohd Hanif Seliya ] Age : 41 years, Occ Business ] Having premise at Unit No.B5 & B6, ] Narayan Plaza, 1st Floor, Opp. Boomrang Building, ] Chandivali Farm Road, Sakinaka, Mumbai 400 072. ]... Plaintiff Versus The Municipal Corporation of Gr. Mumbai, ] having its Head Office at Annexe Building, ] Mahapalika Marg, Fort, Mumbai400 001. ]....Defendant Appearances: Ld. Advocate Mr. S. K. Dubey for the Plaintiff. Ld. Advocate Mr. Giri for defendant/MCGM. CORAM : HIS HONOUR JUDGE SHRI C. V. MARATHE (Court Room no. 8) (I/C Judge of C.R. 11) DATED : 22nd November, 2019 O R A L O R D E R O N A D I N T E R I M R E L I E F 1. Perused Notice of Motion, affidavit along with the same, record of this case and heard both sides. In this matter challenging notice under Section 354(A) of Mumbai Municipal Corporation -- 1 of 3 -- 2 Ad-Int Order- Draft NM in SU2792-19 Act,1888 (hereinafter "MMC Act") dated 12.06.2019, Ld. Advocate for the plaintiff has submitted that said notice was never served to the plaintiff, without such service speaking order was passed on 25.06.2019 and the plaintiff after coming to know of the said order filed reply on 23.10.2019. Ld. Advocate for the defendant/MCGM has denied that the notice was not served to the plaintiff but no documents are tendered by defendant/MCGM in support of the case that the notice was duly served to the plaintiff. Therefore, the plaintiff is entitled for adinterim relief in terms of prayer clause(a) till passing of a fresh order after considering the reply of plaintiff dated 22.10.2019. If such order will be adverse to plaintiff's interest the same shall not be enforced for a period of one week from service of order to the plaintiff. Till such order the plaintiff shall not change, alter, modify the status of the suit premises. (C. V. Marathe) Judge, Date : 22.11.2019 City Civil Court, Gr. Mumbai. Dictated on : 22.11.2019 Transcribed on : 22.11.2019 Signed by HHJ on : 22.11.2019 -- 2 of 3 -- 3 Ad-Int Order- Draft NM in SU2792-19 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE AND TIME : 22.11.2019 at 5.29 p.m. NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar Name of the Judge (With Court Room no.) HHJ Shri. C. V. Marathe C.R. no.08 (I/C Judge of C.R.11) Date of Pronouncement of JUDGMENT/ORDER 22/11/2019 JUDGMENT/ORDER signed by P.O. on 22/11/2019 JUDGMENT/ORDER uploaded on 22/11/2019 -- 3 of 3 --