Final Order 1

Order Details: Other
Pdf Text: 21.09.2022
Sr. No. 47
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 132/19
NM 654/19
Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The following order is passed on NM No. 654/2019:
ORDER
1. Heard both the sides.
2. Having considered their submissions, at the outset, it seems
that in view of the notice dated 08.01.2019, the plaintiff filed his
reply on 14.01.2019 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 to rebut this position. 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 adinterim Order dtd. 22.01.2019,
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
14.01.2019 filed by the plaintiff and to pass the Speaking Order
afresh, as early as possible, preferably within four weeks from the
passing of this Order. 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 08.01.2019. In case, the
Speaking Order is adverse to the plaintiff, the effect and operation
thereof be stayed for the period of one week 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. 654/2019 is disposed of as partly allowed.
Authenticated copy of this roznama be given to both the parties.
Adjourned for filing affidavit of documents (L.N.) to 23.11.2022.
Judge
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