Full Order Text
Final Order 1 · 21 Mar 2018 · CNR MHCC010041032018
Order Details: Chamber summons Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100603/2018 Pervin Irani And Ors - Suit Stamp No.4199 of 2018 Vs MCGM - Applicant - Vijay Gupta Date : 21-03-2018 Exhibits : Mentioned by praceipe. NOB. TOB. Adv. Gandhi tenders draft NM seeking ad-interim reliefs for restraining the defendant corporation from acting upon the notice dtd. 18.11.2017 and order dtd. 03.03.2018. Leave to register is granted. Adv. Mishra representing the caveator/applicant/intervenor tenders draft Ch/s with affidavit seeking intervention in the matter. Leave to register is granted. Heard Adv. P.D. Gandhi for plaintiff Adv. Reema Mishra for caveator/applicant/intervenor and Adv. Patil for BMC. According to Adv. Gandhi the defendant corporation has issued the notice dtd. 18.11.2017 and passed the order dtd. 03.03.2018 without giving sufficient opportunity and application of mind and there is every possibility of demolition of the notice structure at the hands of the defendant corporation. He has relied on various documents copies of plans orders passed by the Hon'ble High Court in support of his arguments. Business : She further submits that none of the documents filed by the plaintiff proves authorization of the notice work . Ld. Adv. Mishra for caveator also made submissions in consonance with the arguments made by Adv. Patil. She has also relied on copies of various documents filed along with affidavit in support of her Ch/s. In sister suits the intervenor is already admitted as defendant. Adv. Gandhi has no objection to add the intervenor as defendant in the suit. Accordingly the Ch/s is made absolute in terms of prayer clause (a) of the Ch/s. Accordingly impleadment be carried out by adding the intervenor as def. no. 11. The applicant to register the Ch/s for statistical purposes. In the meantime it is directed that no coercive action should be taken against the notice work/structures Nature of Disposal : ALLOWED Disposal Date : 21-03-2018 COURT 5 ADDL SESSIONS JUDGE -- 1 of 1 --