Date: 07-02-2019
Business: Advocate Mr. Sunil Pandey for Plaintiff present and filed original NM No.518/19 with affidavit in support, t.o.r.
Advocate for BMC/Deft present and filed reply-cum-written statement Exh.2 and list of documents Exh.3, t.o.r.
Case is adjourned to 16/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2019
Date: 16-02-2019
Business: Plaintiff present. Advocate Mr.Sagar Batawia for Plaintiff present.
Advocate Ms. Hajare for BMC present.
Heard Plaintiff\''s argument. Defendant\''s advocate submitted that, on next date she will argue NM. Learned advocate for Plaintiff has objection to adjourned matter for argument by Defendant. It is 4.5 p.m. and even if Defendant will complete its argument it will not be possible for the Court to proceed with any order today hence for giving fair opportunity to Defendant, case is adjourned to 20/02/2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: Plaintiff present.
Adv. Sagar Batoria for plaintiff present and submitted that the arguments advanced by him by referring schedule M part 4 of BMC Act as referred in disputed notice. He will file case law in support of his argument.
Adv. Hajare for defendant/BMC present and argued that for running a business referred n section 394 of BMC Act plaintiff has to take necessary permission as mentioned in BMC act. Adv. for defendant also referred Pg 38 of the plaint and argued that it is inspection report that suit premises was inspected on 04/10/18. Accord to Defendant\''s advocate disputed notice was not issued all of sudden. Adv. for defendant further argued that by said inspection report plaintiff was directed to produce valid license under section 394 of BMC act to avoid legal action. Inspection report is pointed out that same instruction was given to plaintiff and in spite of that plaintiff failed to produce license under section 394 of BMC Act. Pg. 39 says factory inspector has issued the report of inspection of factory of plaintiff and observed in same report that plaintiff is not holding permit under 390 of BMC Act for running the factory. While referring pg Nos. 42 to 45 it is argued that for not possessing valid license of BMC act complaints were filed against plaintiff in 42nd MM Court Shindewadi, Dadar, Mumbai.
While referring pg No. 44 and 47 of plaint, it is argued that plaintiff was convicted in said complaint cases and plaintiff has deposited fine of Rs. 50,000/- and cash bail deposit of Rs. 7000/- in said court.
It is further argued that in spite of imposing penalty by MM court has not obtained license under section 390 and 394 of BMC act. Disputed notice came to be issued.
It is argued that as submitted by plaintiff\''s advocate after issuing disputed notice plaintiff has filed application for license under section 394 of the BMC Act. However such subsequent action on the part of plaintiff is not sufficient to grant relief of injunction in favour of plaintiff. In the online application submitted by plaintiff, it is mentioned by plaintiff that he has not obtained license under section 394 of BMC Act. Therefore defendant advocate submitted that the NM shall be dismissed. In reply the
Plaintiff\''s advocate argued that in suit premises only 2 workers are working hence suit premises cannot be referred to as factory and therefore license under section 390 of BMC Act is not necessary. Plaintiff\''s advocate argued that disputed notice is issued under Schedule M part 4 of BMC Act. Hence according to plaintiff\''s advocate the NM is necessary to be made abscrud.
Adjd for orders to 02/03/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: None present for Plaintiff.
Advocate for BMC/Deft present.
Steno is on leave.
Case is adjourned to 12/03/2019 for Chamber Summons order.
Earlier order to continue till next date.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Court is busy in dictating order on NM 649/17 hence, case is adjourned to 15/03/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: N/m No. 518/19 stands dismissed/ disposed off as per F.R.S.R.order has passed.
Nature Of Disposal: DISMISSED
Disposal Date: 15-03-2019
