BINA WADHAWAN Vs. SHREE AHUJA PROPERTIES PVT. LTD

JUDGEMENT

(1.) Delay of 25 days in filing the above Appeal is condoned. In view thereof, the Interim Application (L) No.13871 of 2021 seeking condonation of delay stands disposed of.

(2.) The above Appeal is filed by the Appellant impugning the Order dated 3rd May, 2021 passed by the Learned Single Judge of this Court. By the said impugned Order, the Learned Single Judge has allowed Notice of Motion No. 1381 of 2019 in Suit No. 760 of 2019 in terms of prayer Clauses (a) and (b). The said prayer Clauses are reproduced hereunder for ready reference :

(3.) The Bandra Trilok CHSL ("the Society") filed a Suit as far back as 2007 before the City Civil Court, Dindoshi, Mumbai, being Long Cause Suit No. 159 of 2007, seeking a declaration that the Appellant be restrained from using it as commercial premises on the ground that the said garage / premises is unauthorizedly used by the Appellant for commercial purpose. The said Long Cause Suit No. 159 of 2007 was decreed against the Appellant, vide Judgment and Order dated 11 th December 2012 ("Decree"), to the effect that the Appellant's act of using the premises for commercial activities was held to be bad in law and that the Appellant was restrained from using the premises for any other commercial purpose. The Appellant submits that in 2013, she filed a Notice of Motion in the said Long Cause Suit No. 159 of 2007, for setting aside the said Decree on the ground that it was passed ex parte and that the said Notice of Motion is pending. The Appellant submits that she has also filed a Suit in the City Civil Court, Dindoshi, Mumbai being Suit No. 2467 of 2013. The Notice of Motion taken out in the said Suit No. 2467 of 2013 has been dismissed for default and the said Suit is pending. It is submitted that the Learned Single Judge ought to have waited for the trial to be completed instead of summarily deciding the said issue in a Notice of Motion.