Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.969-2020 in L.C. SU No.898-2020
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.969 OF 2020
IN
L.C. SUIT NO. 898 OF 2020
Classic Corporation ]...Plaintiff.
Versus
MCGM ]..Defendant.
Appearance:
Ld Advocate B.P. Shukla; for the Plaintiff/s.
Ld Advocate Rawde; for defendant (MCGM).
CORAM : S.C. Pathare, Judge
(Court Room no.5)
DATED : 25th February, 2021.
ORAL ORDER (DPL)
1) Plaintiff took out this notice of motion seeking ad-
interim reliefs.
2) It is true that Ld Advocate of plaintiff is praying for
injunction whereas Ld Advocate of MCGM strongly opposed said
submissions.
3) Perused documents annexed with the plaint which
reveals that show cause notice u/s.354A of the MMC Act is
issued dtd. 25/2/2020. Thereafter, plaintiff submitted
reply/documents before MCGM on 27/2/2020. However, till
today speaking order is not passed by the concerned designated
officer.
4) Thus, it has transpired that in this matter there is
need to direct MCGM to follow due process of law. Further, in
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2 NM No.969-2020 in L.C. SU No.898-2020
view of guidelines laid down by Hon’ble Apex Court in the case
of
MCGM v/s. Sunbeam Hitech Developers 2019 SCC Online
1389 when show cause notice is replied there is mandate to pass
speaking order in that regard.
5) Considering peculiar facts and circumstances, I
proceed to pass following order in the interest of justice:-
ORDER
1) Defendant corporation is hereby directed to consider
said reply & documents. Then to pass speaking order
by following due process of law, within 15 days from
today.
2) In the meantime defendant shall not demolish the
notice structure, without following due process of law.
3) In the meantime plaintiff shall also not add or develop
or enhance the notice structure in any manner.
4) After passing speaking order defendant shall give 15
days time to plaintiff to challenge it before the
competent court/forum if required.
5) Plaintiff will get an opportunity to file fresh suit and
fresh N/M on the basis of new cause of action subject
to proposed speaking order of MMC. Hence, the suit
and N/M are hereby disposed of.
6) Authenticated copy of today’s roznama be given to
parties, if requested.
Date:25/02/2021 (S.C. Pathare)
Ad-hoc Judge
City Civil Court
Dictated & directly typed on dais computer : 25/02/2021.
Checked by PO : 25/02/2021.
Signed by HHJ on : 25/02/2021.
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3 NM No.969-2020 in L.C. SU No.898-2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01/03/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
25/02/2021.
JUDGMENT/ORDER signed by P.O.
on
25/02/2021.
JUDGMENT/ORDER uploaded on 01/03/2021.
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