Fine Braiding Works And Anr vs Mohd. Shamim Mohd. Amin Idris And Ors on 11 November, 2020

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Bombay High Court

Fine Braiding Works And Anr vs Mohd. Shamim Mohd. Amin Idris And Ors on 11 November, 2020

Bench: Prithviraj K. Chavan

2-5971-2020-IA-l=.doc

Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 5971 OF 2020
IN
SUIT NO. 88 OF 2017

Noor Mohammad Shaikh .. Applicant /
Defendant no.2
In the matter of
Fine Braiding Works and Anr. .. Plaintiffs.
Vs.
Mohd. Shamim Mohd Amin Idris & Ors. .. Defendants
And
The Court Receiver, Bombay High Court .. Respondent

.....
Mr. Sagar Batavia a/w N. J. Ansari i/b Ram Shatalwar for applicant /
defendant no.2
Mr. Sagar Batavia for defendant no.21
Ms. Najafiya Shroff i/b Harakhchand & Co. for the plaintiffs
Ms. Yamuna Parekh a/w Sagar Patil for MCGM - defendant no.28
Mr. D.N. Kher, Court Receiver present
Mr. Noor Mohd. Shaikh - defendant no.2 present in Court
.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 11th NOVEMBER, 2020 ( Vacation Court ) P.C.

1. The Court Receiver informs that though there is an intimation via e-mail on behalf of defendant no.2 about the alleged construction by defendant no.5, the defendant no.2 has not furnished any photographs to substantiate his contention.


          Digitally
          signed by
UDAY      UDAY SHIVAJI
          JAGTAP
SHIVAJI   Date:
JAGTAP    2020.11.11
          15:22:08
          +0530



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                                                  2-5971-2020-IA-l=.doc

2. The defendant no.2 is directed to furnish photographs or any other evidence in support of his contention as regards alleged construction by defendant no.5 at the suit property.

3. On being asked as to whether the defendant no.2 has scrupulously followed the directions of the Hon'ble Supreme Court given in the Order dated 12th January 2018, Special Leave Petition to Appeal (C) No. 243 of 2018 directing defendant no.2 to demolish the unauthorized construction by the end of June 2018, failing which defendant no.2 was to be held liable for contempt of Hon'ble Supreme Court, the learned Counsel for defendant no.2, on instructions from defendant no.2, who is present in Court states that he has complied with the directions of the Hon'ble Supreme Court and will place it on record. Statement is accepted.

4. At this stage, no case is made out for ad-interim relief.

5. The Court Receiver shall submit its report on the next date.

6. Stand over to 26th November, 2020.

7. This order shall be digitally signed by the Private Secretary of this Court. All concerned shall act on production by fax or e- mail of a digitally signed copy of this order.

(PRITHVIRAJ K. CHAVAN, J.) 2 of 2

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Bombay High Court