Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1437-19 in Suit No. 838-19
CNR NO.MHCC01-003744-19
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1437 OF 2019
IN
L.C. SUIT NO. 838 OF 2019
Mr. Kiran Phoolchand Jain …...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 26th February, 2020.
Appearance:
Ld. Adv. Mr. Rajesh M. Patil for plaintiff.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks injunction restraining
the defendant corporation from acting upon the Notice issued by the
defendants under Section 354-A of the Mumbai Municipal Corporation
Act, 1888 (hereinafter referred to as 'the MMC Act') dated 11.03.2019.
2. Heard Learned Advocate for the plaintiff and learned Advocate
for the defendant corporation.
3. The Schedule of the Notice dated 11.03.2019 reads as under:
‘’Unauthorized erection of light weight partition (work in
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progress) with wooden plywood/Aluminum frame admeasuring 2.70m
x 2.5m (ht), 4.40m x 2.5m (ht), 2.80m x 2.5m (ht), 4.10m x 2.5m (ht),
3.10m x 2.5m (ht), 3.50m x 2.5 m (ht), 4.15m x 2.5m (ht), 2.90m x 2.5
m (ht), 3.5m x 2.5m (ht), 3.35m x 2.5 m(ht), 4.70m x 2.5m (ht), 3.50m
x 2.5m (ht) at east side basement, Queens Mansion, A.K. Nayak Marg,
Fort, Mumbai-01 as shown in the sketch.’’
3. The plaintiff had challenged the notice issued under Section 354-
A of the MMC Act.
4. The reply is filed by the corporation. The plaint and written
statement does not disclose that the speaking order is passed by
corporation.
It would be appropriate to direct the defendant corporation to
consider the say and documents of the plaintiff and thereafter pass
speaking orders at the earliest. The plaintiff is at liberty to submit the
additional say 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 at the earliest. 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
the suit pending, the suit stands disposed off.
The Notice of Motion No. 1437/2019 stands disposed off.
Nothing survives in the suit. The suit also stands disposed off.
In the result, following order is passed.
ORDER
1) Suit is disposed of with following directions.
2) The defendant corporation is directed to consider the say and
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3 NM 1437-19 in Suit No. 838-19
documents of the plaintiff and thereafter pass speaking orders at the
earliest.
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 at the earliest.
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. 1437 of 2019 as well as Suit No. 838
of 2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 26.02.2020 City Civil Court, Mumbai.
Dictated on : 26.02.2020
Transcribed on : 28.02.2020
Signed by HHJ on : 12.03.2020
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4 NM 1437-19 in Suit No. 838-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 12.03.2020 at 4.51 p.m.
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
26.02.2020
JUDGMENT/ORDER signed by
P.O. on
12.03.2020
JUDGMENT/ORDER uploaded on 12.03.2020
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