Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
09TH COURT, BANDRA, MUMBAI
C.C.NO.178/DV/2023
Reena Leon Loomba …... Applicant
Vs
Leon Durlabh Loomba & Others …... Respondents.
AD-INTERIM ORDER BELOW EXH.02
In the instant case, the report (Exh.4) of Protection Officer
dated 01/02/2024 shows that the respondents have been served with
the notices. The said service report are also placed on record. Later
on 21/01/2025, respondents filed Vakalatnama on record. However,
till the date no reply to the said application or W.S. is not filed on
record.
2. Today Ld. Counsel for the advocate Ms. Priti Singh is
present before the Court. Likewise, Ld. Counsel Mr.S.A.Shaikh holding
for A.K. Legal Associates on behalf of the respondents is present before
the Court. Ld. Counsel for the applicant has vehemently submitted that
though the interim application is not decided, she needs urgent reliefs
as circumstances compelled her to press for that. She has pointed out
certain developments with the help of list of the documents filed today.
I have given thoughtful consideration to the said documents. It is seen
that recently the N.C. report dated 5/01/2025 is in respect of the
abuses and threatening to the applicant by the respondent Shanti.
Further, the FIR in C.R.No.98/2025 dated 04/02/2025 also goes to
show that the husband of respondent Jyoti abused and threatened her
in obscene language in the night time by repeatedly calling her for 29
times. It is pointed out that already the case under POCSO Act is
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lodged against the respondent Durlabh which is pending before the City
Civil Court. Therefore, all these attempts are nothing but to compel
the applicant to withdraw the case. Such acts are certainly serious in
nature. However, presently the applicant and her daughter are
staying in a house belonging to respondent Durlabh . The respondents
are staying at Virar. Therefore, in such circumstances even if the
interim restraint order is passed, question of causing prejudice to the
respondents does not arise. Hence, considering the urgency and dire
need of protection to the applicant , I pass the following order.
O R D E R
1. By way of ad-interim relief the respondents or any person
claiming through them are hereby restrained from causing any sort of
domestic violence as well as from causing interference to the possession
of the applicant wherein she is staying at 08, 16th Road, Ishwar Sadan
Building, Khar(West), Mumbai-400 052.
2. Police Station, Khar is hereby directed to provide necessary
assistance to the applicant immediately for effective implementation of
the order.
Sd/-
( A.K.Awari )
Addl. Chief Judicial Magistrate,
Date :- 14.02.2025 9th Court, Bandra, Mumbai
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