#BombayHighCourt begins hearing the plea of Sonu Sood challenging the order of the Trial Court refusing to protect Sood against coercive action of BMC in lieu of illegal construction notice.
Sr Adv Anil Sakhare submitted to the court that they were not served with the appeal memo.
Sakhare: We came to know through TV and news that the matter is today.
Adv Amogh Singh appearing for Sood points out that he will serve a hard copy however in the meantime Sood must be protected against coercive action of BMC.
Sakhare: This is what they do. City Court gives them time to approach the High Court and they come at last minute.
Singh: Milords the Trial Court failed to consider my reply on the notice and they proceeded to pass a speaking order.
Sakhare: Milords he is running a hotel in those premises without the requisite permissions.
Court: Is it a hotel?
Singh: milords it is a residential hotel. It is different from a restaurant. And that is not the concern in this appeal.
Court: This court may ask you amy question pertaining to the case. You cannot shirk those by saying it is not subject matter.
Singh: Milords it is a residential hotel like apartments which can be rented. But the permission is made and it is pending since 2018.
Singh: milords I will serve them the hard copy today but in the meantime Milords may protect me. Otherwise my appeal will become infructuous.
Court: I am listening to your appeal how will it become infructuous like that.
(To Sakhare) Do you want time?
Sakhare: Let them serve me the copy of the appeal and I will address Milords on it tomorrow.
Singh: He may then make a statement to not take coercive steps till then. Even the city court granted me protection.
Court: Then why didn’t you approach this court sooner?
Singh: Milords I filed it as soon as vacation was over, I moved the appeal and it was listed today.
Court asks Sakhare to make a statement to protect Sood till the next date.
Sakhare: Milords there is media here. I don’t want problems for my junior and myself. Milords may say that protection granted by city civil court to continue.
Court passes an order accordingly.
Matter will be taken up on January 13, 2021 for hearing.
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