Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4286-19 in SU No. 2694-2019
CNR NO.MHCC01-011735-19
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 4286 OF 2019
IN
L.C. SUIT NO. 2694 OF 2019
M/s. Classic Corporation …...Plaintifs
Versus
The Municipal Corporation of Gr. Mumbai ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 29th January, 2020.
Appearance:
Ld. Adv. Mr. B.P.Shukla for the plaintif.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
ORDER
1. The plaintif by this notice of motion seeks injunction
restraining the defendant corporation from interfering and
stopping the ongoing project/construction of the building,
situated at CS No. 1172, 1173, 1/1173, 1175 and 1176,
Mandvi Division, Kambekar Street, Mumbai.
2. Heard Learned Advocate for the plaintif and Learned
Advocate for the defendant corporation.
3. It is the case of the plaintif that the plaintif had
undertaken to redevelop the above referred properties. It is
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sated that false complainant is raised by one Ahemed Hamid
Poonawala. It is stated that defendants had issued IOD and
sanction plan. Commencement Certifcate is issued to the
plaintif. It is stated that property does not belong to Waqf
Board. It is stated that the plaintif was issued notice on
16.08.2019 asking the plaintif to obtain and submit the NOC
from the Waqf Board, failing which the action will be taken
against the plaintif.
The notice was replied by the plaintif. It is case of the
plaintif that defendant corporation had initiated the action on
the basis of notice dated 21.05.2019. The plaintif had
approached the Waqf Board for review and withdrawal the
notice. It is stated that ofcials of the defendant corporation
are insisting the plaintif to approach the Waqf Board and
obtain NOC, failing which stop work notice will be issued.
4. The defendant corporation had fled reply to the notice of
motion. It is stated that the plaintif was directed to obtain
NOC from Chief Executive Ofcer, Maharashtra Government
vide letter dated 16.08.2019. It is stated that NOC is not
submitted.
5. The plaintif seems to be aggrieved by the letter dated
16.08.2019. On perusal of the letter it shows that a letter was
issued by Chief Executive Ofcer, Maharashtra Waqf Board
and it is mentioned that the properties are Waqf properties
and asked to stop the redevelopment work. In the letter, the
plaintif was requested to submit the NOC from Chief
Executive Ofcer, Maharashtra Government, Waqf Board,
failing which strict action would be initiated against the
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plaintif.
Pausing for while, it needs to be mentioned that the
defendant corporation had not initiated any coercive action
against the plaintif. Vide letter dated 16.08.2019. The
plaintif is merely asked to obtain NOC from Waqk Board. The
plaintif himself has contended that he had made an
application to the Waqf Board for NOC. The letter does not
show any intent of coercive action sought to be initiated
against the plaintif by the defendant corporation. The
plaintif is asked to submit NOC and on failure it was only
informed that action would be initiated against the plaintif.
At present there is nothing to indicate that the ofcers of
the corporation are threatening to take action against the
plaintif. In circumstance blanket injunction cannot be granted
in favour of the plaintif restraining the defendant from
interfering and stopping the ongoing project/construction of
the suit building.
The plaintifs has failed to make out the prima-facie case
in his favour. The balance of convenience does not lies in
favour of the plaintifs. The plaintifs would not be put to
irreparable loss, if the injunction is refused.
In the result, following order is passed.
ORDER
The Notice of Motion No. 4286 of 2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 29.01.2020 City Civil Court, Mumbai.
Dictated on : 29.01.2020
Transcribed on : 29.01.2020
Signed by HHJ on : 03.02.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 04.02.2020 at 3.25 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
29.01.2020
JUDGMENT/ORDER signed
by P.O. on
03.02.2020
JUDGMENT/ORDER
uploaded on
04.02.2020
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