Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 837-20 in St. No. 2361-2020
CNR NO.MHCC01-002214-20
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 837 OF 2020
IN
L.C. (STAMP) NO. 2361 OF 2020
Mr. Mohd. Naseem A. Samad Quareshi …...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 21st February,2020.
Appearance:
Ld. Adv. Mr. Tabish Mooman for the plaintiff.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the Notice
dated 25.01.2020 issued under Section 351 of the MMC Act.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The schedule of the Notice dated 25.01.2020 reads as under:
‘’ Unauthorized construction of structure comprising of Ground
Floor (adm. 9.00 mt. X 3.03 mt. X 2.0 mt. in height) + Mezzanine + 1st
Floor (adm. 9.0 mt. x 5.0 mt. X 5.05 mt. in height) made up with Brick
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2 NM 837-20 in St. No. 2361-2020
Masonry Walls, ladi coab slab over M.S. Angle and A.C. Sheet roof at
Room No. 13/C/1, Ground Floor, New Dawood Baug, Shuklaji Street,
Grant Road (E), Mumbai-08 without obtaining permission from the
competent authority of M.C.G.M. as shown in red colour in sketch.’’
4. The plaintiff had replied the notice on 30.01.2020. It is observed
in the order that the plaintiff had not replied the notice. The plaintiff
had produced the acknowledgment of receipt of reply by corporation.
The defendant corporation is expected to consider the reply and
pass speaking order. The plaintiff to approach the Corporation by
26.02.2020. The corporation to consider the reply and pass orders at
the earliest. In case of adverse order against plaintiff, the defendant
corporation not to take any coercive action for period of two weeks
from date of the order. It would be at the discretion of the defendant
corporation to provide personal hearing of the plaintiff.
The Notice of Motion No. 837/2020 stands disposed off. Noting
survives in the suit (stamp). The Suit (Stamp) No. 2361/2020 also
stands disposed off. In the result, following order is passed.
ORDER
1. The defendant corporation is directed to consider the reply of the
plaintiff in relation to the notice issued under Section 351 of the
MMC Act.
2. The plaintiff is at liberty to file additional reply and additional
documents if he so desires.
3. The plaintiff to approach the defendant corporation by 26.02.2020.
4. The defendant corporation to consider the reply of the plaintiff and
thereafter to pass speaking orders.
5. In case of adverse order against plaintiff, the defendant corporation
not to take any coercive action for period of two weeks from date of
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3 NM 837-20 in St. No. 2361-2020
the order.
6. It would be at the discretion of the defendant corporation to provide
personal hearing of the plaintiff.
7. The Notice of Motion No. 837 of 2020 as well as Suit (Stamp) No.
2361 of 2020 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 21.02.2020 City Civil Court, Mumbai.
Dictated on : 21.02.2020
Transcribed on : 24.02.2020
Signed by HHJ on : 27.02.2020
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4 NM 837-20 in St. No. 2361-2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 27.02.2020 at 5.18 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
21.02.2020
JUDGMENT/ORDER signed by P.O.
on
27.02.2020
JUDGMENT/ORDER uploaded on 27.02.2020
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