Interim Order 1

Order Details: Other
Pdf Text: 1 Ad-Int Order - draft NM in SU2844-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEFS ON DRAFT NM
IN
SUIT NO. 2844 OF 2019
Mr. Jalal Naimul Haque Usmani ]
Age : 47 years, Occ : Business ]
M/s. The New Bilal Restaurant, Aziz Beg Chawl, ]
Sanghani Estate, Near Jawahar Nagar, ]
Opp. Fish Market, L.B.S. Marg, ]
Ghatkopar (W), Mumbai400 086. ]... Plaintiff
Versus
Municipal Corporation of Gr. Mumbai, ]
having its Head office at Anexe Building, ]
Mahapalika Marg, Fort, Mumbai400 001. ]....Defendant
Appearances:
Ld. Advocate Mr. S. K. Dubey for the Plaintiff.
Ld. Advocate Mrs. D. D. Patil for defendant/MCGM
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 8)
DATED : 8th 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. By instant Notice of Motion the plaintiff has prayed for ad
interim relief restraining defendant/MCGM from demolishing the suit
premises till final disposal of the suit. From the plaint allegations and
documents annexed to the plaint, it transpires that the plaintiff is
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aggrieved by the fact that his structure (suit premises) is declared non
eligible for permanent alternative accommodation/compensation
despite of having sufficient documentary evidence to prove existence
thereof prior to 01.01.2000. Ld. Advocate for the plaintiff has pointed
out that the plaintiff has preferred appeal before Deputy Municipal
Commissioner against that order immediately and if the suit premises
will be demolished before hearing of the said appeal, no purpose of the
suit will be served and the appeal would be infructuous. Ld. Advocate
for the defendant/MCGM has contended that the suit premises needs to
be demolished for Lal Bahadur Shastri road widening (LBS Marg), the
defendant has followed due process of law and the public project should
not be stalled for such dispute. After careful reading of the plaint,
documents annexed thereto and after hearing both the parties, it is not
in dispute that the defendant/MCGM has initiated procedure for LBS
road widening and issued notice to different structures including the
suit premises, the suit premises is declared noneligible for any
compensation/permanent alternative accommodation. Eligibility of the
suit premises can be determined after recording evidence of both parties
and if the plaintiff succeeds in establishing his case of eligibility then the
defendant/MCGM will be bound to act in accordance with the Civil
Court’s decision. As submitted rightly by Ld. Advocate for the
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defendant/MCGM the public project need not be stalled for such
dispute. Therefore, the plaintiff is not entitled for adinterim relief.
Hence, adinterim relief is liable to be rejected and following order:
ORDER
Adinterim relief is rejected.
(C. V. Marathe)
Judge,
Date : 08.11.2019 City Civil Court, Gr. Mumbai.
Dictated on : 08.11.2019
Transcribed on : 08.11.2019
Signed by HHJ on : 08.11.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 08.11.2019 at 4.36 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
Date of Pronouncement of
JUDGMENT/ORDER
08/11/2019
JUDGMENT/ORDER signed by
P.O. on
08/11/2019
JUDGMENT/ORDER uploaded
on
08/11/2019
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