Final Order 1

Order Details: Other
Pdf Text: 18.07.2022
Sr. No. 11
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 491/22
NM 1381/20
Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally
requested for time to file NM reply. He submitted that while
passing the earlier order, the defendant was supposed to pass
Speaking Order and till date it is not passed. Sufficient time is
already granted to file NM reply. Hence, this request is discarded.
Heard both the sides on NM No. 1381/2020. The following order
follows on NM No. 1381/2020:
ORDER
Having considered their submissions, at the outset, it seems
that in view of the notice dated 28.07.2020, the plaintiff filed his
reply on 03.08.2020 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 did not file reply
on this NM. Needless to say that having received the notice reply, it
was required from the defendant to consider the same and to
communicate 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. This was the
position prevailing even at the time of passing of earlier order of
statusquo which is continued till date. 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 03.08.2020 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 28.07.2020. 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. 1381/2020 is disposed of as partly allowed.
Adjourned for WS to 26.09.2022.
Judge
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