In an appeal against rejection of a Notice of Motion seeking temporary injunction, this court held that issues regarding validity of licence transfer and business rights fall with licensing authority or in the main suit.
Notice of Motion summarily rejected; appeal dismissed; civil application disposed of.
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P5-AO-1032-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 1032 OF 2016
Pradeep Laxman Ghivalkar …Appellant Versus Laxman Vitthal Ghivalkar & Ors. …Respondents
Mr. M.A. Khan, for the Appellant.
Mr. Vasim Siddiqui, i/b Mr. Kunal Bhanage, for the Respondents No. 1 & 2.
CORAM : G.S. KULKARNI, J. DATE : 8th December 2016
ORDER :
whereby the Notice of Motion No. 2476 of 2016 in L.C. Suit No. 492
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P5-AO-1032-16.doc
of 2016 has been rejected.
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a licence would be issued by the Respondent Municipal Corporation to conduct the business in the Municipal Market as per the Rules which are framed by the Municipal Corporation. There is a dispute interse between the Appellant-Plaintiff-son and Respondent No. 1 father. If the rules permit the transfer of a licence by Respondent No. 1 in favour of any other person or for that matter Respondent No. 2 his grand son, surely the Appellant-Plaintiff cannot contend that it ought to be transferred in his name only on the ground that he was conducting the father's business. In any event any issue -touching the grant of licnecess is a subject matter falling within the powers of the licensing authority.
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case. The balance of convenience was wholly in favour of Respondent No. 1. I do not find any perversity in the impugned order as passed by the learned Trial Judge. The Notice of Motion has
been rightly rejected. The Appeal is thus without any merit and is summarily rejected. No costs.
[G.S. KULKARNI, J.]
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2 issues framed by the court
Whether the appellant is entitled to a temporary injunction to restrain dispossession pending suit where municipal licence is in respondent's name.
Whether the validity of transfer of the municipal licence falls within the jurisdiction of the civil court for temporary injunction.
Pradeep Laxman Ghivalkar
Laxman Vitthal Ghivalkar
Respondent No. 3-Corporation
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
