Date: 26-04-2019
Business: Adv for appellant present.
Adv for respondent present.
As court time is over On request of appellant,Matter is adjd. to.03.05.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. for appellant present has filed stay application TOR and marked as Exh.2
Adv. for respondent present.
Order below Stay Application
Exhibit-2
Heard the learned Advocate of the appellant as well as the learned Advocate of the respondent. The learned Advocate of the appellant submits that the agreement of leave and license between the parties is not terminated and it is in course, in view of clause (6) of the leave and license agreement. It is also submitted that the Municipal Corporation has not supplied the copy of order by which the Corporation has taken possession not to continue the leave and license agreement. Therefore, it is submitted that he has prima facie case.
The learned Advocate of the respondent has opposed these grounds strongly.
Both the parties have submitted that in similar matters, the Hon\''ble High Court has granted stay with direction to decide those matters within time prescribed by the Hon\''ble High Court i.e. on or before 15.06.2019. Considering these circumstances, both the parties submitted that they have no objection, if this appeal is decide alongwith the said bunch of appeals, within the aforesaid time prescribed by the Hon\''ble High Court. It appears that in similar matters, this Court has refused to grant interim stay to the impugned order, but in Writ Petitions 5293/2019 to 5309/2019, by order dated 25.04.2019, the Hon\''ble High Court has impugned in those appears with direction that those appeals to be decided on or before 15.06.2019. In view of this, the instant appeal may also be decided alongwith those connected appears No.114/2019 to 130/2019 and in the meanwhile, the respondent may be directed not to implement the impugned order coercively till 15.06.2019. The parties have no objection to clear the instant appeal for final disposal alongwith the said bunch of appeal No.114/2019 to 130/2019. Accordingly, by consent of the parties, the instant appeal is adjourned to 07.06.2019 for being heard for final disposal. In the meanwhile, the respondent is directed not to implement the impugned order coercively.
Adv. of responded has filed original R and P of the inquiry held by the competent authority. t.o.r copy supplied to the adv of appellant.
Matter is adjd. to.07.06.2019 for hearing the appeal or final disposal
Next Purpose: HEARING
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv Gosavi for appellant present.
Adv A. V. Diwte for Respondent present.
Matter is adjd. to.10/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv Gosavi for appellant present.
Adv A. V. Diwte for Respondent present.
Matter is adjd. to.12/06/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Ajit Hodage a/w Hemal Patel i/b Akshay Gosavi for appellants present.
Adv. 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. Ajit Hodage a/w Hemal Patel i/b Akshay Gosavi for appellants present.
Adv. 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. Ajit Hodage a/w Hemal Patel i/b Akshay Gosavi for appellants present.
Adv. Diwte for respondent present.
Heard advocate for appellant.
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. Ajit Hodage a/w Hemal Patel i/b Akshay Gosavi for appellants present.
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. Ajit Hodage a/w Hemal Patel i/b Akshay Gosavi for appellants present.
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. Ajit Hodage a/w Hemal Patel i/b Akshay Gosavi for appellants present.
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. Ajit Hodage i/b Akshay Gosavi for appellant present.
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.137 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
