Suit for permanent injunction & mandatory injunction
Querist :
Anonymous
(Querist) 01 December 2011
This query is : Resolved
I applied for NOC of petrol Pump to DM.
1. In between the process, a person get a reply from Fire office that no petrol pump should be 200 meters from Brick-clin.
2. I search the Petrol Laws & find that a petrol pump should be 90 meters from brick clin. I contact to DM & he order to revise the Fire office letter. Fire office revise the letter & mention 90 meters instead of 200 meters.
3. The person using the fire letter file a Suit for Permanent Injunction & Mandatory Injunction against ME, DM, Petrol Company.
4. The fire office already revise the letter. No proper address is given in suit file for plaintiff. Even I not able to trace the plaintiff(his lawyer deny to tell me full detail of plaintiff)
5. DM deny me NOC till the court solve matter.
6. Now, its me only who suffer, as my noc delaying due to fire office letter.
I want suggestion:
1. How to save time. (1st hearing on 7-12-2011)?
2. How to legally convince DM to issue NOC?
3. How to stop the court not to give stay order?
4. Is there any possibly that court deny the suit?
Querist :
Anonymous
(Querist) 01 December 2011
Brick Clin from my proposed petrol pump site is 175 meters.
prabhakar singh
(Expert) 01 December 2011
Has the plaintiff sought permission to file suit without serving notice on state?
Do you doubt even personality of the plaintiff??
No injunction must so for have been issued???
Hence DM can issue NOC but generally they avoid in a such situation.
If law searched by you is correct then no chance of grant of injunction is found.Also challenge locus standi of plaintiff.
ajay sethi
(Expert) 01 December 2011
agree with prbahakar singh . Dm wont issue NOc pending hearing and final disposal of court as DM will not like any allegations of favourtism being made against him .
judicial process takes time . in heasring for application for interim reliefs point out the provisions of petrol laws which provide that brick lin can be within 90 metres and no favours have been shown to you .
you can request the court that in view of provisons of petrol laws no stay be granted .
Rajeev Kumar
(Expert) 01 December 2011
I too agree with Prabhakar sir
Querist :
Anonymous
(Querist) 01 December 2011
To Prabhakar Sir,
Has the plaintiff sought permission to file suit without serving notice on state?
Ans: The person issued notice to DM on 26-11-2011 & on the same day, he file suit against me & DM. On 29-11-11 DM received summon from court.
Do you doubt even personality of the plaintiff??
Ans.: Yes, I am doubtful that the person exist or not. He not mention full address (House no. etc)in court file.
No injunction must so for have been issued?
Ans.: The first hearing is on 7-12-011, so no Injunction issued yet.
prabhakar singh
(Expert) 03 December 2011
Then he must have sought permission to sue without notice u/s 80 CPC.
File your objection along with affidavit controverting allegations on affidavit and circular which you have obtained that proves
the requirement of 90 meters and not 200 meters.
challenge the impersonation of plaintiff as well as locus standi of the plaintiff claiming him non suited and without right.
Handel things with care God wish you shall win.
No injunction shall be granted.
Querist :
Anonymous
(Querist) 04 December 2011
Sir,
Is there any process, if i upload the summon copy and my reply copy on site than...
Will I get expert comments? and What fee for it?
I hope you understand my mean....
Shailesh Kr. Shah
(Expert) 05 December 2011
Contact Mr.Prabhakar Singh through "PM" for this.
