Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100302/2019
Abdul Kadar Mohamed Vs MCGM
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
COURT 5 ADDL SESSIONS JUDGE
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