Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1001-20 in Suit No.925-20
CNR NO.MHCC01-002766-20
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1001 OF 2020
IN
L.C. SUIT NO. 925 OF 2020
Mr. Tarachand Jugal Kishore Malhotra …...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai & Anr. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 07th March, 2020.
Appearance:
Ld. Adv. Mr. P. D.Gandhy for 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
issued by the defendants under Section 351 of the Mumbai Municipal
Corporation Act, 1888 (hereinafter referred to as 'the MMC Act') dated
07.11.2019 and the order dated 26.12.2019.
2. Heard Learned Advocate for the plaintiff and learned Advocate
for the defendant corporation.
3. The Schedule of the Notice dated 07.11.2019 reads as under:
1) “Unauthorizely constructed and enclosed the balcony at
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2 NM 1001-20 in Suit No.925-20
hall of room no. 10, 346 Engineering building, 3rd floor, JSS road,
marine lines east, Mumbai-02 by the way of using ladi coba ladi and
brick work admeasuring size 3.90 m x 1.38 m x 2.6 (ht) without taking
any permission from competent authority i.e. MCGM.
2) Unauthorizely constructed and enclosed the balcony at bed
room of room No. 10, 346 Engineering building, 3rd floor, JSS road,
marine lines east, Mumbai-02 by the way of using ladi coba ladi and
brick work admeasuring size 2.13 m x 1.38 m x 2.6 (ht) without taking
any permission from competent authority i.e. MCGM.’’
4. The notice is issued to the plaintiff on 07.11.2019 under Section
351 of the MMC Act and the speaking order was passed on 26.12.2019.
The plaintiff appears to have replied the notice on 28.02.2020.
5. The order points out that the plaintiff had not replied the notice.
It is the case of the plaintiff that the notice was not received by the
plaintiff. It is contended that the plaintiff came to know about the
notice on 27.02.2020. An opportunity needs to be given to the plaintiff
to reply the notice and contest it.
6. In the interest of justice, it wold be appropriate to direct the
defendant corporation to consider the reply and documents of the
plaintiff and thereafter pass speaking orders. The plaintiff is at liberty
to submit the additional reply or documents, if he so desires. The
plaintiff to approach the defendant corporation on 16.03.2020. The
corporation to consider the reply and the documents of the plaintiff and
thereafter pass reasoned order. In case of any adverse order against
plaintiff the corporation not to take any coercive action for a period of
15 days from the date of order. No purpose would be served in keeping
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the suit pending, the suit stands disposed off.
ORDER
1) Suit is disposed of with following directions:
2) The defendant corporation is directed to consider the say and
documents of the plaintiff and thereafter pass speaking orders.
3) The plaintiff is at liberty to submit the additional say or documents if
he so desires.
4) The plaintiff to approach the defendant corporation on 16.03.2020.
5) The corporation to consider the reply and the documents of the
plaintiff and thereafter pass reasoned order.
6) In case of any adverse order against plaintiff the corporation not to
take any coercive action for a period of 15 days from the date of
order.
7) It would be at the discretion of the corporation to grant personal
hearing of the plaintiff.
8) The Notice of Motion No. 1001 of 2020 as well as Suit No. 925 of
2020 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 07.03.2020 City Civil Court, Mumbai.
Dictated on : 07.03.2020
Transcribed on : 11.03.2020
Signed by HHJ on : 14.03.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.03.2020 at 10.23 am.
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
07.03.2020
JUDGMENT/ORDER signed by
P.O. on
14.03.2020
JUDGMENT/ORDER uploaded on 17.03.2020
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