Date: 03-04-2018
Business: Advocate Mr. Gosavi with Tushar Menkudle for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Vakalatnama filed by BMC/deft. t.o.r. O filed.
List of the documents tendered by the Plaintiff. t.o.r. O filed.
List of the documents filed by BMC/deft. t.o.r. O-filed.
Mr. Pyarelal Kapgate Junior Engineer (B and F) L ward present.
Heard. Perused documents. It appears that the defendant has issued notice u/s 351 of the M.M.C. Act in respect of suit structure and the Plaintiff has submitted that he has filed reply to the notice. Officer of the defendant has submitted that till today the speaking order has not been passed in pursuance to the notice u/s 351 of the M.M.C. Act. Further, he has submitted that the defendant will not take action in pursuance to notice u/s 351 of the M.M.C. Act without passing speaking order.
Further, the Plaintiff has asked relief in respect of business running in the suit premises and he has filed on record order passed by the defendant on 28.03.2018 at Exh. \''M\'' to the suit plaint. It appears from the documents filed by the Plaintiff today that on 2.04.2018, the defendant has issued show cause notice to the plaintiff in respect of cancellation of license for running the business in the suit premises. But, at the same time it appears further that in view of order dtd 28.03.2018 at exh. M to the plaint, on 2.04.2018 the defendant has prepared panchanama in respect of seizure action to be taken. Thus, Prima facie there are two contrary acts of the defendant in respect of business of the Plaintiff in the suit premises on record. The Ld adv for the Plaintiff has placed his reliance In Municipal Corporation of Gr. Mumbai V/s. Kusum Virendra Shah and others reported in 2000(2) Mh.L.J.672. In the present case in hands also, according to the Plaintiff, he is possessing valid license for running the business. Then, in the facts and circumstances, it is just and proper to give directions to the defendant to take on record reply to the show cause notice issued on 2.04.2018 and pass order in respect of the same and till then the defendant is directed not to take any coercive action in pursuance to the notice/order dtd 28.03.2018 at exh. M to plaint. Thus, with this directions draft N/M stands disposed of and it be registered for statistical purpose.
Further in view of above directions to the defendant, it is just and proper to dispose of the suit. Hence, suit is disposed of and it be registered.
Authenticated copy of roznama be supplied to both the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 03-04-2018
