Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :SUIT/0100896/2019
Shri. Gobind Singh Saini Vs MCGM
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. &amp#039M&amp#039 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
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it be registered. Authenticated copy of roznama be supplied
to both the parties.
Nature of Disposal : DISMISSED
Disposal Date : 03-04-2018
COURT 11 ADDL SESSIONS JUDGE
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