Full Order Text
Order 1 · 03 Mar 2018 · CNR MHCC010029862018
Order Details: Other Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :SUIT/0100618/2018 1. Mohammed Imran Gulam Mohd. Gujarati 2. Mehul Chandubhai Makwana Vs 1. MCGM 2. Designated Officer Assistant Engineer B and F Date : 03-03-2018 Exhibits : Mentioned by praceipe. NOB. TOB. Adv. A.R. Pande for plaintiff submits draft NM with affidavit seeking preventive reliefs to restraint the defendants from demolishing the suit building. Leave to register is granted. Adv. Pande submits that the defendant corporation has issued notice under section 354 A dtd. 16.11.2017 which is received by the plaintiff on 23.02.2018. According to plaintiff the same is replied on 27.02.2018 however the concerned designated officer has not yet passed the order . He further submits that the building number is also wrongly mentioned in the notice. According to him the work has already been completed. The Ld. Adv. Dhumale filed copies of first inspection report photographs and impugned notice on record. Mrs. Rohini Deshmukh Asst. Engineer submits that the def. will issue notice under section 351 as per prevailing rules and circulars and initiate necessary action permitted under the law against the suit structure/notice structure. Business : In the circumstance the Ld. Adv. for plaintiff submits that the suit may be disposed off. He further submits that the impugned notice under section 354 A should not be prosecuted further by the defendant corporation. He further submits that the plaintiff will co-operate the defendant corporation to inspect the structure. In the circumstances the statements made by the Ld. designated officer of the defendant and the Ld. Adv. for plaintiff are accepted and taken on record. In case the notice under section 351 is issued and after allowing the plaintiff to file reply, documents the designated officer passes any adverse order to the interest of the plaintiff, the defendant should not take any action against the suit structure for a period of two weeks from the date of service of the order on the plaintiff. The formality of registration of NM/suit for statistical purpose. In view of that the suit and NM are disposed off. Nature of Disposal : DISMISSED Disposal Date : 03-03-2018 COURT 5 ADDL SESSIONS JUDGE -- 1 of 1 --