Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4029-19 in Suit No. 2783-19
CNR NO.MHCC0101109619
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 4029 OF 2019
IN
L.C. SUIT NO. 2783 OF 2019
Shri. Shrikant Nandkishor Thorat …...Plaintiff
Versus
The Municipal Commissioner & Anr. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 11th November, 2019.
Appearance:
Ld. Adv. Mr. P.D. Gandhy for the plaintiff.
Ld. Adv. Mrs. Smita 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
dated 24.08.2019, Speaking Order dated 19.09.2019 and Speaking
Order dated 18.10.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The Schedule of the Notice dated 24.08.2019 reads as under:
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2 NM 4029-19 in Suit No. 2783-19
1) ''Unauthorized construction of mezzanine floor at Shop
No. 3, Colambo fast food, Bldg No. 327, J.S.S. Road, Marine Lines East,
Mumbai02 By the way of using MSI Section and ladi coba ladi
admeasuring 5*4. 30*1.55 without Taken Prior permission From
competent authority.
2) Unauthorized erection of shed above mezzanine floor at
Shop No. 3, Colambo fast food, Bldg No. 327, JSS Road, Marine Lines
East, Mumbai02 by using G.I. sheet admeasuring size 5*4.30*1.2
without taken prior permission of competent authority.''
4. The plaintiff had replied the notice on 18.09.2019. It is stated
that the issue of the terrace is pending in the Civil Court. It is submitted
that the landlord is harassing.
5. The plaintiff is required to show the permission for the
construction or the existence of the notice structure prior to 1962. The
document filed by the plaintiff do not show the existence of the notice
structure prior to 1962. The plaintiff had relied upon the assessment
for the year 200405. It shows the existence of addition of mezzanine
floor, used as Ladies Beauty Parlour. The plaintiff had not filed the
assessment prior to 1997. The shed over the mezzanine floor is not
assessed by the corporation. The building may be assessed prior to
196162. The structure alleged in the notice is not assessed from 1961
62.
The plaintiff has failed to make out the primafacie case in his
favour. The balance of convenience does not lies in favour of the
plaintiff. The plaintiff would not be put to irreparable loss, if the
temporary injunction is refused.
In the result, following order is passed.
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3 NM 4029-19 in Suit No. 2783-19
ORDER
The Notice of Motion No. 4029/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 11.11.2019 City Civil Court, Mumbai.
Dictated on : 11.11.2019
Transcribed on : 13.11.2019
Signed by HHJ on : 19.11.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 19.11.2019 at 3.45 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
11.11.2019
JUDGMENT/ORDER signed by
P.O. on
19.11.2019
JUDGMENT/ORDER uploaded
on
19.11.2019
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