Order 1

Order Details: Notice of Motion
Pdf Text: 1 Draft NM (Suit 2966/19)
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
DRAFT NOTICE OF MOTION
IN
S.C. SUIT NO. 2966/2019
Linesh Ravindra Devalia ..Plaintiff
V/s.
Octaga Green Power and Sugar
Co. Ltd. ..Defendant
Appearance:
Adv. Mr. Vaishnawa for plaintiff.
None present for defendant.
CORAM : HHJ Shri V.V Vidwans.
C. R. No.03.
DATE : 20.11.2019.
ORAL ORDER
1. Perused draft Notice of Motion (N/M) supported by an
affidavit filed by authorized signatory on behalf of the plaintiff.
2. I have also gone through the plaint and documents filed on
record along with the plaint as per list.
3. Heard Ld. Adv. Mr. Vaishnawa on behalf of the plaintiff.
Ld. Counsel for the plaintiff submitted that, the defendant has been
served with copy of plaint and draft N/M along with affidavit regarding
taking out this draft N/M for seeking urgent relief before this court on
19.11.2019. He submitted that, there is urgency in the matter for
seeking interim relief from this court because the defendant is trying to
create third party interest in respect of suit property, which is situated
at Zilla Tukdi, Dist. Kolhapur, Taluka & Post Tukdi, Kagal Zilla
Parishad, Kolhapur Tehsil Panchayat Samiti, Kagal, as per AnnexureA
-- 1 of 3 --
2 Draft NM (Suit 2966/19)
with the plaint. Ld. Counsel further submitted that, if interim relief is
not granted to the plaintiff, he will suffer irreparable loss and the very
purpose of filing the present suit will be frustrated. Ld. Counsel for the
plaintiff submitted that, though the suit property is situated in Kolhapur
District, the defendant is having its address in Mumbai at two places as
mentioned in the cause title of the suit and sale deed/ agreement in
question had also taken place at Mumbai. He referred to contents of
the said sale deed/ agreements in support of his submission.
4. Considering prima facie material on record and in view of
the submission made by Ld. Counsel for the plaintiff and the
apprehension in the mind of the plaintiff that if interim protection is not
granted to the plaintiff, the very purpose of filing of this suit will be
frustrated, I am of the opinion that, it would be just and proper to pass
interim order in this matter till the defendant appears and files his
say/reply on affidavit to the N/M. Hence, I proceed to pass following
order:
ORDER
1. Prayer clause (b) of the draft Notice of Motion regarding
interim relief is hereby granted and the defendant is
directed to maintain statusquo regarding legal status of
the suit property till next date.
2. Issue showcause notice to the defendant as to why the
interim relief granted to the plaintiff should not be
confirmed.
3. Ld. Counsel for the plaintiff shall communicate this
order to the defendant and make necessary compliance
under Order 39 Rule 3 of CPC.
4. Sheristedar of the Court is directed to provide
-- 2 of 3 --
3 Draft NM (Suit 2966/19)
authenticated copy of today's Roznama to the Ld.
Counsel for the plaintiff for his information and
communicating the same to the defendant for
compliance.
(V.V. Vidwans)
Date: 20.11.2019 Judge, City Civil Court,
Gr. Bombay (C.R. 03)
Dictated on : 20.11.2019
Typed on : 20.11.2019
Signed by HHJ on : 21.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 21.11.19
TIME: 4.10 pm (NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.) Shri V.V. Vidwans, Judge, (C.R. 03)
Date of pronouncement of Judgment/ Order 20.11.19
Judgment/ order signed by P.O on 21.11.19
Judgment/ order uploaded on 21.11.19
-- 3 of 3 --