Date: 12-04-2019
Business: Adv. G.V. Murti with Muhun Rao I/b S.r. Associates for appellant present and has filed stay application marked as Exh.2 t.o.r.
Adv. A.V. Divate for respondent present.
Heard the parties, on stay application, Matter is adjd. to.15.04.2019 for Order on stay application.
Next Purpose: ORDER
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. Murti for appellant present.
Adv Divate for respondent present.
K.B.
L.O. at 4.00 pm.
Adv. Murti for appellant present.
Adv Divate for respondent present.
F.R.S.R following order is passed on Stay application Exh.2.
Order
Ad-interim stay and ad-interim relief as requested in the stay application (exhibit -2) is refused.
Adv. of appellant for staying the impugned order for 2 weeks allow his to filed to writ petition against the order passed by this court refusing to grant ad-interim stay to the impugned order. The Adv. of respondent to given his say on the application. Heard the parties on Exh.3.
Order On Exh.3
Considering that presently the premises is in the occupation of the appellant and considering that I have refused to grant ad- interim stay to the impugned order, the appellant must be given sufficient time to file writ petition, in the interest of justice, the respondent is directed not to implement the impugned order coercively for a period of 2 weeks. In these terms, the application Exh.3 stands disposed off.
Matter is adjd. to.11.06.2019 for filing reply on stay application and for recording proceeding.
Next Purpose: REPLY
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Matter is already adjd to 12.06.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. Som Singh @ Adv. A.V Diwte for respondent present.
Heard advocate for appellant.
KB
Later On. At 03.15 pm.
Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. Som Singh @ Adv. A.V Diwte for respondent present.
Heard advocate for appellant.
Heard the arguments the ld advocate of the appellant partly for near about the whole day. As court time is about to over, matter is adjd. to. 13/06/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-06-2019
Date: 13-06-2019
Business: Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. A.V Diwte for respondent present.
Heard advocate for appellant.
KB
Later On. At 03.15 pm.
Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. A.V Diwte for respondent present.
Heard advocate for appellant.
Heard the arguments the ld advocate of the appellant partly for near about the whole day. As court time is about to over, matter is adjd. to. 14/06/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.He submits that arguments is over.
Adv. A.V Diwte for respondent present.
Matter adjd to 15/06/2019 for hearing in argument of advocate of respondent.
Next Purpose: HEARING
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. A.V Diwte for respondent present.
Heard advocate for respondent partly.
KB
Later On. At 3.15 pm.
Same Appearance.
Heard advocate for respondent, partly.
As court time is over, matter adjd to 17/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. A.V Diwte for respondent present.
Heard advocate for respondent partly.
KB
Later On. At 3.15 pm.
Same Appearance.
Heard advocate for respondent, partly.
As court time is over, matter adjd to 18/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Adv. Murti @ Mohan Rao and R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. A.V Diwte for respondent present.
Heard the argument of ld advocate for respondent, which is completed. As it is recess time matter is kb in afternoon.
KB.
Later On. At 3.15 pm.
Same appearance.
Heard rejoinder argument of the ld advocate of the appellant.
The arguments are concluded. Hence matter is adj for Judgment to 25.06.2019.
Next Purpose: JUDGMENT
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Adv. G. V. Murti @ Adv. Mohan Rao and Adv. R. A. Malandkar i/b MSR and Associates for Appellant present.
Adv. A.V Diwte for respondent present.
Judgment vide Exh. 9 is pronouncement in the open court and following order is passed-
O R D E R-
1.The Miscellaneous Appeal No.127 of 2019 is allowed as under-
(i) The impugned order dated 15.03.2019 and the impugned notice dated 15.03.2019 issued by the Enquiry Officer under section 105-B of the Mumbai Municipal Corporation Act is set aside.
(ii)The application made by the Corporation to the Enquiry Officer under section 105-B of the Mumbai Municipal Corporation Act is rejected.
(iii)Parties to bear their own costs.
(iv)Record and Proceedings of the enquiry be sent back to the Enquiry Officer.
2. In these terms, the appeal stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 25-06-2019