Interim Order 1

Order Details: Order Below EX 1
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 75/N/2020
(Proceeding U/s. 145 of Cr.P.C.)
ORDER BELOW EXH1
1. Perused the application and the documents attached with
the application. Heard advocate for the applicant. The dispute is
pertaining to shop premises i.e. Shop No.4, J.S. Medical and General
Stores, Gopal Chawl, near Sweet Corner, Sai Baba Road, Jawahar
Nagar, Khar (E), Mumbai. The applicant is tenant. Whereas, the
respondent is the landlord. The Leave and Licence Agreement
dt.27.12.2017 primafacie shows that the agreement still in existence
and would expire on 26.12.2020. The applicant claimed that he was in
possession upto 24.01.2020. Without following due process of law, the
respondent herein i.e. the landlord trying to evict the applicant. On
24.01.2020, he thrown out the applicant and put his lock to the shop
premises. Already on 11.01.2020, applicant had filed a NC against
respondent. When he approached police, he himself got detained and
slapped with the notice under section 188 of IPC. It is also informed
that concern police asked both sides to put their own locks.
2. Applicant claims that the medicines and other perishable
articles are lying inside the shop. In these circumstances, there exists
disputes likely to cause breach of peace concerning the shop premises.
On being satisfied the grounds, issue notice to the respondent vide
section 145(1) of Cr.P.C. calling upon him to file written statement, if
any. Issue notice to the concern police station calling to submit report
on the issue.
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3. The copy of order be send to the respondent alongwith the
notice and one copy be affixed on the conspicuous place of the shop
premises. Returnable on 06.02.2020. The notice be registered
accordingly. J.C. to comply.
Date: 28.01.2020 (Sudhir N. Shinde),
Ssl. Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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