Date: 11-01-2019
Business: Resumed. By Preceipe
Adv. Viren Tripathi for plaintiff and Adv. Ms. Patil for MCGM are present. Adv. Tripathi tendered draft NM with affidavit seeking ad-interim injunction for restraining the defendant from obstructing the plaintiff from carrying on business at the suit pitch at Vidhan Bhawan Road, Air India. Leave to register is granted.
Exh.1 Plaint
Exh.2 Vakalatnama
Exh.3 Address Memo
Exh.4 List of documents
Exh.5 Affidavit in support
The ld. Adv. for plaintiff submits that the plaintiff is holding license and due to his ailment PR bond to native place and could not deposit the license fees. According to him though the fees were tendered the same were not accepted by the defendant. He apprehension of removal from the pitch.
On the other hand the ld. Adv. For the defendant by filing affidavit in reply and copy of a receipt submits that the defendant /corporation has accepted the license fees with penalty charges on 9/1/2019 for the period from May 2017 up to 31st December 2019. He further submits that as the corporation has already accepted the fees there is no question of removal of the plaintiff from the pitch allotted to him. He further submits that if the plaintiff contravene any terms and conditions in future the corporation will take necessary action by following due process of law. His statement is accepted and taken on record.
Considering these submissions, the ld. Adv. For the plaintiff submits to dispose of the suit and NM. Accordingly the following order is passed -
ORDER
1. The suit no.91/2019 is disposed off in view of the aforesaid submissions.
2. The draft NM is disposed off with direction to register the same for statistical purposes.
3. An ordinary copy of this order duly authenticated by the Sheristedar of this court be supplied to both the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 11-01-2019