Order 1

Order Details: Other
Pdf Text: 13.07.2022
Sr. No. 49
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 658/18
NM 1105/18
Adv. Mukesh Dubey is present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
K.B.
After hearing the parties, the following order is passed on NM
No. 1105/2018.
ORDER
Heard both the sides on NM No. 1105/2018. Having considered
there submissions, at the outset, it seems that in view of the notice
dated 03.03.2018, the plaintiff filed his reply on 05.03.2018 and
admittedly, as of now, the Speaking Order is awaited in the matter.
The learned advocate for the plaintiff made the statement at bar
that till date, no Speaking Order is communicated to the plaintiff.
Even the defendant could not rebut this position. Needless to say
that having received the notice reply, it was required from the
defendant to consider the same and to communicated his
response/outcome, in either form, to the plaintiff. However, this
procedure is not followed. Nor, till date, the passing of speaking
order is communicated on the record. On this background, it can
safely be concluded that the defendant is yet to follow the due
process of law before proceeding against the notice structure. In the
result, the defendant is called upon to consider the notice reply
dated 05.03.2018 filed by the plaintiff and to pass the speaking
afresh, if he so desires. In the meantime, he is restrained to proceed
against the notice structure, without following the due process of
law, on the basis of the suit notice dated 03.03.2018. In case, the
said order goes against the plaintiff, the effect and operation
thereof may be stayed for the period of two weeks from the date of
its communication to the plaintiff, so as to enable him to exercise
the remedies legally available to him. In the light of these
observations, NM No. 1105/2018 is disposed of as partly allowed.
Authenticated copy of this roznama be given to both the parties.
Adjourned for filing affidavit of documents to 24.08.2022.
Judge
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