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Court Order

Final Order 1

CNR MHCC01013402201903 Dec 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 03 Dec 2021 · CNR MHCC010134022019

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 05 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104896/2019
Nirmal R. Jain Vs Assistant Municipal Commissioner and Anr.
Date : 03-12-2021
Business : None present for plaintiff. Adv. Soraan @ Adv. Diwate
present for MCGM/defendant. Adv. Rajesh present for
defendant no. 02. Adv. Kirit Thapadiya present for
defendant no. 03. F.R.S.R. the following order is passed on
preliminary issue. ORDER The preliminary issue is
answered in negative and it is held that the civil court has
no jurisdiction to entertain, try and decide the present suit.
In view of finding as to preliminary issue, Civil Court has
no jurisdiction to entertain, try and decide the present suit as
suit is barred by section 149 of MRTP Act. Therefore, suit
will have to be dismissed. Hence, suit is dismissed. As the
suit is disposed of Notice of Motion 4896/2019, Notice of
Motion No. 1684/2016 and Chamber Summons No.
105/2020 do not survive. Therefore, Notice of Motion
4896/2019, Notice of Motion No. 1684/2016 and Chamber
Summons No. 105/2020 are also disposed off as filed.
Proceeding is closed. Authenticated copy of
today&amp#039s roznama be given to the parties if
requested.
Nature of Disposal : OTHERWISE
Disposal Date : 03-12-2021
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