Date: 23-04-2019
Business: Adv. Jubin Dalal Appellant present.
Adv. Diwte for respondent present.
Heard both advocates.
Matter is adjd. to. 24/04/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Adv. Alisha for appellant present.
Adv. diwte for respondent present.
FRSR following order is passed -
ORDER
Ad-interim stay and ad-interim relief as prayed in the Appeal Memo, is refused.
Adv. for appellant has filed application for stay the impugned order for some period so that the appellant may file writ petition. I have heard both the parties. in view of the fact of the case appellant may be given some opportunity to file writ petition and seek stay to the impugned order. Hence the respondent is directed not to implement the impugned order for two weeks.
Matter is adjd. to. 01/07/2019 for filing record proceeding and hearing.
Next Purpose: HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: By Precipe
Adv Dalal for appellant present and has filed application to club this matter with the similar group appeals no. 114 to 130 of 2019 for hearing the appeal for the final disposal. TOR. Copy served on the adv of respondent.
Adv. Divate for respondent present.
Matter is adjd. to. 03.05.19 for Reply and hearing on Exh. 02.
Next Purpose: HEARING
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. for appellant present.
Adv. for respondent present and has given say on application Exh.2
Order on Exh.2-
Heard both the parties. The appellant submit that in similar matters the ad-interim stay to impugned order was refused by this court but in the writ petitions Nos .5293/19 to 5309/19 the order dtd. 25.04.2019 has been passed by the Hon\''ble High Court directing that the said bunch of appeals be decided on or before 15.06.2019 and stay has been granted till that date to the orders impugned in those appeals. It is therefore submitted that this appeal being connected to those appeals, the instant appeal may be clubbed with those appeal for deciding it and till them the impugned order may be stayed. The ld. adv of the respondent has not disputed that the instant appeal is arising out of similar orders which are challenged in the said bunch of appeals which are to be decided on or before 15.06.2019 as per the aforesaid order dtd.25.04.2019 passed by Hon\''ble High Court in the writ petitions Nos.5293/19 to 5309/19. He has no objection to club this appeal with the said bunch of appeals Nos.114/19 to 130/19. However about the request of the appellant to stay impugned order till 15.06.2019 is left by him to the order of this court, in view of refusal of ad-interim stay by this court as per its order dtd.24.04.2019. I have examined the aforesaid submissions. By the order dtd.24.04.2019 this court has refused to grant ad-interim stay. There after the circumstances noted above have been brought on record. Considering that the Hon\''ble High Court has directed to decide the aforesaid bunch of appeals on or before 15.06.2019 and in the mean while granted ad-interim stay to the orders impugned in those appeals, this appeal may be clubbed with those appeals. As this court had already stayed the impugned order till 08 .05.2019 for giving opportunity to the appellant to file writ petition against refusal of stay by this court and as the instant appeal may be decided on or before 15.06.2019 the respondent may be directed not to implement to impugned order coercively till then. Hence the respondent is directed accordingly. In these terms the application Exh.2 stands disposed of.
Adv. respondent has filed original R and P of the inquiry held by the competent authority. Copy served on adv of appellant.
In this matter the next date was fixed on 01.07.2019. However by consent of both the parties the date is preponded to 07.06.2019 for hearing the appeal for final disposal alongwith the aforesaid bunch of appeal No 114/19 to 130/19. Accordingly Matter is adjd. to.07.06.2019 for hearing the appeal for final disposal. The parties have noted this order.
Next Purpose: HEARING
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv. Dalal for appellant present.
Adv. A.V. Diwte for Respondent present.
As court busy in time bound appeals No. 114/19 to 130/19, this matter is adjd. to. 10.06.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv. Dalal for appellant present.
Adv. A.V. Diwte for Respondent present.
As court busy in time bound appeals No. 114/19 to 130/19, this matter is adjd. to. 12/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Shruti Anurag i/b M.M. slegal Associates for appellant present.
Adv. Diwte for respondent present.
Matter is adjd. to. 13/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-06-2019
Date: 13-06-2019
Business: Adv. Shruti Anurag i/b M.M. slegal Associates for appellant present.
Adv. Parshurame @ Adv. Diwte for respondent present.
Matter is adjd. to. 14/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv. Zubin Dalal and Adv. Shruti Anurag i/b M. M. Legal Associates for appellant present.
Adv. Parshurame @ Adv. Diwte for respondent present.
Heard the counsel for appellant Shri. Zubin Dalal. He is submitted that on instructions of advocate for appellant on record, he is adopting the arguments advance by the appellant by the advocate of the appellant in connected appeal no. 114/19 to 130/19 and submits that in view there of the appeal may be allowed.
Matter is adjd. to. 15/06/2019 for Hearing the arguments of the respondents.
Next Purpose: HEARING
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. Zubin Dalal and Adv. Shruti Anurag i/b M. M. Legal Associates for appellant present.
Adv. Parshurame @ Adv. 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. Zubin Dalal and Adv. Shruti Anurag i/b M. M. Legal Associates for appellant present.
Adv. Parshurame @ Adv. 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. Zubin Dalal and Adv. Shruti Anurag i/b M. M. Legal Associates for appellant present.
Adv. Parshurame @ Adv. 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. Zubin Dalal and Adv. Shruti Anurag i/b M. M. Legal Associates for appellant present.
Adv. Parshurame @ Adv. Diwte for respondent present.
Judgment vide Exh. 3 is pronouncement in the open court and following order is passed-
-O R D E R-
1. The Miscellaneous Appeal No.132 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