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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Karnail singh AroraVsMCGM

CNR MHCC01003530202011-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101376/2020
Registration Date
10 Dec 2020
Next Hearing Date
29 Sept 2026
Case Stage
RECORDING EVIDENCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec 2 · Order 39 · Rule 1
    Specific Relief Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 19-01-2021
    Business: Adv. Mr. Singh for plaintiff is present.
    Adv. Ms. Tondwalkar for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for NM hearing to 25.02.21.
                                                                                   Judge
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv. Ms. Jyoti Singh for plaintiff is present.
    Adv. Ms. Tondwalkar for deft./MCGM present and filed reply at Exh.2 to NM along with list of document at Exh.3
    Earlier order if any, to continue till next date.
    Matter is adjourned for NM hearing to 20.04.21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to surge in Covid-19 matter is adjourned to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Vimlesh Singh for plaintiff present.
    Adv. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 16.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 16.10.2021.
    Earlier order if any, to continue till next date.
    Matter is adjd.  To 23.10.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Pal  for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM Hearing to 25.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Pal for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 13.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: None present for plaintiff.
    Adv. Ms Mhatre for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 01.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Mr. Vimlesh Singh for plaintiff is present and orally requested for time to file reply rejoinder. Granted as a last chance.
    Adv. Ms. J. V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for reply rejoinder to 07.06.2022.
    Next Purpose: REJOINDER
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Sufficient time is already granted to the plaintiff to file reply rejoinder. Wherein he failed. Hence, the matter is posted for NM hearing.
    LO at 3:16 pm.
    Adv. Mr. Vimlesh Singh for plaintiff is present and filed application for adjournment on the ground of ill-health of plaintiff. It is marked at Exh. 04. O-Considering the reasons matter is adjourned lastly.
    Earlier order, if any, to continue till the next date.
    Adjourned for reply rejoinder/NM hearing to 21.07.2022.
    Next Purpose: REJOINDER
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and filed reply rejoinder in NM No.1304/2020 along-with affidavit. Copy is supplied to the other side.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 06.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. Mr. Vimlesh Singh for plaintiff present and requested time for NM hearing. Time is granted.
    Adv. Mrs. J.V. Mhatre  for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 07.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Adv. Vimlesh Singh for the plaintiff is present.
    Adv. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested time for NM hearing. Time is granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 01.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and orally requested for time to argue on NM. Time is granted lastly.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 31.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and requested for time as advocate Mr. Gandhi is to argue on this NM. Time granted.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 03.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Adv. Mr. Shailesh Pal h/f Adv. Vimlesh Singh for the plaintiff is present and requested for time to argue on NM. Time is granted.
    Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 27.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and requested for time to argue on NM. Time is granted.
    Adv. Mrs. Smita Chavan for defendant/MCGM is present.
    Adjourned for NM heairng to 06.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and requested for time to argue NM. Time is granted.
    Adv. Ms. S.S. Chavan for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 01.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv. Mr. P.D. Gandhi a/w Adv. Vimlesh Singh for the plaintiff is present and requested time to file written submission on NM. Time is granted.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for written submission on NM to 06.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: Adv. Mr. P.D. Gandey a/w Adv. Mr. Vimlesh Singh for the plaintiff is present and requested time to file written submissions on NM. Time is granted.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for written submission on NM to 07.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and sought time to file written submissions on NM. Time is granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 02.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present and requested time to file written submissions on NM. Time is granted lastly.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 01.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    Business: Adv. Mr. Hardik Desai a/w Adv. Vimlesh Shing for the plaintiff is present and requested time to file written submissions on NM. Time is granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM by plaintiff to 23.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present  and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM by defendant to 05.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. The advocate for plaintiff sought time for short submissions on NM. Time is granted. Earlier order, if any, to continue till next date.
    Adjourned for short submissions on NM to 22.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Adv. Mr. Tejas Shah h/f Adv. Mr. Vimlesh Singh for the plaintiff is present and sought time for short submissions on NM. It seems that the plaintiff filed detailed written submissions on NM. Sufficient time is already granted for short submissions. Hence, this request is discarded. Adv. Mrs. S.R. Charatkar for defendant/MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 12.09.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/ MCGM is present. Steno is on leave.
    Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 15.10.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: Adv. Mr. Vimlesh Singh for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/MCGM is present. The Court is busy in dictating Order in NM No. 1445/2023.
    Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 12.11.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Adv. Mr. Vimlesh Singh a/w Adv. Mr. Amit Jaiswar for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present. The matter is kept back for NM Order. Later on 5.15 p.m. The appearance is as above. F.R.S.R. Following Order is passed in NM 1304/2020. ORDER (i).Notice of Motion No. 1304/2020 is partly allowed. (ii).The defendant, his agents, his servants and anybody else claiming through him are hereby restrained from proceeding against the notice structure, in pursuance of the notice dtd. 15.10.2018 and the Speaking Order dtd.12.06.2020, except by following the due process of law.(iii). Notice of motion No. 1304/2020 is, accordingly, disposed of. Adjourned for draft issues to 07.01.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: None present for the plaintiff. Mr. S.R. Yadav for defendant/BMC is present. The parties have not file draft issues. Hence, the suit is adjourned for framing of issues.
    Adjourned for framing of issues to 06.03.2025.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in targeted matters.
    Adjourned for framing of issues to 17.06.2025.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. The Court is busy in other urgent matters.
    Adjourned for issues to 12.08.2025.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-08-2025
    
    Date: 12-08-2025
    Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Issues are framed at Exhibit 5.
    Adjourned for filing documents on affidavit to 30.10.2025.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-10-2025
    
    Date: 30-10-2025
    Business: None present for the plaintiff to take steps. Adv. Mr. S.R. Yadav for defendant/BMC is present.
    Adjourned for dismissal to 20.12.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: P.O. is on leave. Hence adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: Adv. Mr. Girish Pawar h/f Adv. Mr. Vimlesh Singh for the plaintiff is present and filed adjournment application. Taken on record. It is marked as Exhibit 6. O- Other side to say. Adv. Mr. Botlawar for defendant/BMC is present and endorsed say on Exhibit 6.
    The plaintiff is present in person.  Adv. Mr. Vimlesh Singh for the plaintiff is present. Rest appearance is as above.  Heard both the sides.  Order on Exhibit 6 – Perused the record mater is old one. Here looking the reason mentioned in the application permission is granted to remove the same suit from caption of dismissal and posted for Recording of Evidence. Plaintiff to adduce his evidence on the next date without fail. Treat it as a last chance.
    Adjourned for RE to 08.04.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: Adv. Mr. Vimlesh singh a/w Amit jaiswal for the plaintiff is present and filed application for adjournment. Taken on Record. It marked at Exh-7. other side to say file by Botlawar on Exh-7. O-  Short time is granted.
    Adv. Mr. Botlawar for defendant/BMC is present.
    Adjourned for Recording Evidence to 10.06.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-06-2026
    
    Date: 10-06-2026
    Business: Adv. Mr. Amit Jaiswar for the plaintiff is present.
    None present for defendant/BMC.
    Later on 12.04 p.m.
    Adv. Mr. Botlawar for defendant/BMC is present. Rest appearance is as above. The advocate for plaintiff filed evidence in affidavit. Taken on record. It is marked as Exhibit 8. O- R and R. Copy is supplied to the other side. He sought time to file documents. Time is granted.
    Adjourned for filing documents/RE to 21.07.2026.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 21-07-2026
    
    Date: 21-07-2026
    Business: Adv. Mr. Amit Jaiswar for the plaintiff is present and seeks time to adduce evidence. Sufficient time is already granted. Hence, last chance is given to struck-out order of evidence. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
    Adjourned for order to 04.09.2026.
    Next Purpose: ORDER
    Next Hearing Date: 04-09-2026
    
    Date: 04-09-2026
    Business: None present for the plaintiff. Adv. Mr. Santosh Yadav a/w Adv. Ms. Janhavi Mistry for defendant/BMC is present. Kept back.
    Later on 11.14
    The plaintiff is present in person. Adv. Mr. Amit Jaiswal for the plaintiff is present and filed list of documents. Taken on record. It is marked as Exhibit 9. O- Other side to say. Copy is supplied to the other side. Rest appearance is as above. Say filed by advocate for defendant/BMC. Heard both the sides on Exhibit 9.
    Order passed below Exhibit 9 :
    Assessment bills raised by BMC under Assessment No.SN4995(5) SN 4995(5) S-4995(5A)5/A/A and S-4995(7)7/A and reeipts of the payments made to BMC, It is marked at Exhibit 10(colly).
    Deed of Assignments dtd. 16.05.1995, Declaration dtd. 16.05.1995 and possession letter dtd. 16.05.1995. It is marked at Exhibit 11(colly).
    Agreemetn dtd. 04.10.2001. It is marked at Exhibit 12(colly).
    Conveyance Deed dtd. 29.10.2004 duly registered under Sr. No. BDR3-10229-2004 dtd. 29.10.2004. It is marked at Exhibit 13(Colly).
    Electricity bills in our name. It is marked at Exhibit 14 (colly).
    Letter bearing No.ACS/OD/304/AEBF dtd. 31.08.2007 issued by defendants. It is marked at Exhibit 15(colly).
    Letter dtd. 28.02.2009 issued by defendants and plan. It is marked at Exhibit 16(Colly).
    Notice dtd. 27.05.2013 issued by the Asst. Engineer (B and F) S ward of defendants. It is marked at Exhibit 17.
    Order dtd. 04.06.2015, passed by the Dy. Municipal Commissioner Zone-VI of defendants. It is marked at Exhibit 18 (colly).
    Certified copy of the said Judgment and order dtd. 16.04.2016, passed by HHJ Shri S. R. Bhadagale the certified copy of plaint in L.C. Su No. 1338/2015 and ad-interim order dtd. 12.06.2015 passed by this Honble Court in the said LC SU No. 1338/2015 and roznama/order dtd. 16.07.2017 passed by HHJ Miss. Surekha R. Patil in LC SU No. 1338/2015. It is marked at Exhibit 19 (colly).
    Notice No.S/D02S/122/351-MMC Act/S354N01/15/10/2018 dtd. 15.10.2018. It is marked at Exhibit 20 (Colly).
    Speaking Order bearing Ref.76097 dtd. 12.06.2020 passed Asst. Mun. Commissioner S Ward. It is marked at Exhibit 21(Colly).
    Adjourned for RE to 29.09.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103904/2020
    Filing Date: 14-07-2020
    First Hearing Date: 19th January 2021
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    12 Aug 2025
    Order Details: Other
    Pdf Text: Exhibit – 05
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    L. C. SUIT NO. 1376 OF 2020
    Mr. Karnail Singh Arora. …. PLAINTIFF.
    V/s.
    MCGM. …. DEFENDANTS.
    ISSUES
    1. Whethe the plaintiff proves that suit premises is in
    existence prior to 1995 and it was reconstruted as per
    permission granted by the defendants ?
    2. Whether the plaintiff proves that suit premises is tolerated
    and protected structure ?
    3. Whether the plaintiff proves that suit premises is situated
    on slum land which is notified ?
    4. Whether the plaintiff proves that notice under section 351
    of MMC Act bearing no.S/DO2S/122/351-MMC
    Act/S354N01 DTD 15/10/2018 and speaking order
    bearing ref. no.76097 dtd.12.06.2020 are illegal and bad-
    in-law ?
    5. Whether the suit is bad for non joinder of necessary party ?
    6. Whether the suit is bad for want of notice under section
    527 of MMC Act?
    7. Whether the plaintiff is entitled to relief of declaration as
    sought ?
    8. Whether the plaintiff is entitled to relief of perpetual
    injunction as sought ?
    9. What order and decree ?
    (V.R. Jagdale)
    Mumbai. Judge,
    Dated : 12.08.2025. City Civil Court, Mumbai.
    -- 1 of 1 --
    Order 1
    12 Aug 2025
    Order Details: Other
    Pdf Text: Exhibit – 05
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    L. C. SUIT NO. 1376 OF 2020
    Mr. Karnail Singh Arora. …. PLAINTIFF.
    V/s.
    MCGM. …. DEFENDANTS.
    ISSUES
    1. Whethe the plaintiff proves that suit premises is in
    existence prior to 1995 and it was reconstruted as per
    permission granted by the defendants ?
    2. Whether the plaintiff proves that suit premises is tolerated
    and protected structure ?
    3. Whether the plaintiff proves that suit premises is situated
    on slum land which is notified ?
    4. Whether the plaintiff proves that notice under section 351
    of MMC Act bearing no.S/DO2S/122/351-MMC
    Act/S354N01 DTD 15/10/2018 and speaking order
    bearing ref. no.76097 dtd.12.06.2020 are illegal and bad-
    in-law ?
    5. Whether the suit is bad for non joinder of necessary party ?
    6. Whether the suit is bad for want of notice under section
    527 of MMC Act?
    7. Whether the plaintiff is entitled to relief of declaration as
    sought ?
    8. Whether the plaintiff is entitled to relief of perpetual
    injunction as sought ?
    9. What order and decree ?
    (V.R. Jagdale)
    Mumbai. Judge,
    Dated : 12.08.2025. City Civil Court, Mumbai.
    -- 1 of 1 --

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