Final Order 1

Order Details: Chamber summons
Pdf Text: Dt.30.09.2019
SU 1494/19
CORAM : H.H.J SHRI.C. V. MARATHE (C.R.NO.8)
Adv. Paranjpe for plaintiff present.
Adv. Mrs. R.M. Hazare h/f Adv. Mr. S.C. Khandagale for
Deft /MCGM present.
Adv. A.B. Dubey for Applicant is present.
KB
LO
Order on C/S No. 865/19
Instant C/S is taken out by the applicant claiming that, the
deft./MCGM initiated action under MRTP Act against the
plaintiffs at the instance of his complaint and persuasion to it's
officers. It is also contended that in the plaint name of the applicant
has been mention and the plaintiffs have attributed mala fide
intention of the applicant for the said action and therefore he is
necessary party. The plaintiff have objected the C/S by filing
affidavit in reply. After going through the plaint and prayers therein,
the plaintiff are challenging action of a local authority viz.
Deft./MCGM of issuing notice u/s 53(1) of MRTP Act and the
allegation are that the said authority acted mala fide and /or did not
follow due process of law. From the plaint as a whole, the prayers
and allegations are against deft./MCGM and not the intention of the
applicant hearing. The scope of the suit is restricted to the impugned
notices u/s 53(1) of MRTP Act. The deft./MCGM can bring the
applicant as witness if it so desires. Only because the action was
initiated at the instance of the applicant, his presence as defendant
is not necessary for the determination of the real matter in dispute.
Hence, C/S is rejected.
Adjd to 03012020 for N/M Reply.
Judge
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