Final Order 1

Order Details: Other
Pdf Text: 18.07.2022
Sr. No. 47
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 243/19
NM 511/19
Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally
requested for time to file NM reply. Sufficient time is already
granted. Hence, this request is discarded. The suit is proceeded
without NM reply and WS of the defendant.
Heard both the sides on NM No. 511/2019. The following order
follows on NM No. 511/2019:
ORDER
Having considered there submissions, at the outset, it seems
that in view of the notice dated 21.01.2019, the plaintiff filed his
reply on 28.01.2019 and admittedly, as of now, the Speaking Order
is awaited in the matter. The learned advocate for the plaintiff
made the statement at bar that till date, no Speaking Order is
communicated to the plaintiff. Even the defendant did not file reply
on this NM. Needless to say that having received the notice reply, it
was required from the defendant to consider the same and to
communicate his response/outcome, in either form, to the plaintiff.
However, this procedure is not followed. Nor, till date, the passing
of speaking order is communicated on the record. This was the
position prevailing even at the time of passing of earlier order,
which is continued till date. On this background, it can safely be
concluded that the defendant is yet to follow the due process of law
before proceeding against the notice structure. In the result, the
defendant is called upon to consider the notice reply dated
28.01.2019 filed by the plaintiff and to pass the speaking afresh, if
he so desires. In the meantime, he is restrained to proceed against
the notice structure, without following the due process of law, on
the basis of the suit notice dated 21.01.2019. In case, the said order
goes against the plaintiff, the effect and operation thereof may be
stayed for the period of two weeks from the date of its
communication to the plaintiff, so as to enable him to exercise the
remedies legally available to him. In the light of these observations,
NM No. 511/2019 is disposed of as partly allowed.
Adjourned for filing affidavit of documents to 14.09.2022.
Judge
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