Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :SUIT/0101235/2018
Jahangir Darvesh Irani Vs 1. MCGM 2. Dy Municipal Commissioner
Date : 26-03-2021
Business : Plaintiff present. Adv. Ravindra Singh present for plaintiff.
Adv. Soraan present for MCGM/defendant. Adv of plaintiff
submitted draft NM alongwith affidavit stating that his one
application filed twice before concerned authority of
MCGM is pending and directions be given to said authority
to decide said application of plaintiff. Leave granted to
register NM. Adv of BMC submitted reply on reverseside
of draft NM. Order passed below Draft NM- 1.Plaintiff
submitted draft NM today alongwith affidavit. Ld. Counsels
on behalf of MCGM submitted say by stating that suit
structure is already demolished alongwith 3-4 structures
due to infrigement of license condition and nothing
survives. 2. I have heard both the Ld. Counsels. In this NM
Ld. Counsel of plaintiff requested that plaintiff has filed
application Exh.19 and Exh.21 alongwith documents which
is pending before the MCGM. He further requested that
directions be given to MCGM that they should give hearing
to plaintiff and to decide said applications dated 07.07.2017
and 24.01.2018 by following due procedure within
stipulated period. Adv. of BMC opposed NM but submitted
that if court directs then MCGM will surely follow
directions of the court. 3. Considering peculiar facts and
circumstances of the suit and this NM in the interest of
justice I proceed to pass following order- I. This draft NM
stands disposed of on following grounds as prayed. II.
Within one month from today plaintiff shall produce
additional documents if any if he desires before the
concerned officer of MCGM. III. Thereafter within two
months from today the concerned officer shall gave hearing
to plaintiff or his advocate and thereafter decide said
applications on their own merits. IV. If MCGM passes
adverse order against plaintiff then they will given 15 days
time to plaintiff to approach the court/any other forum as
per law. V. By consent main suit also stands disposed off
with liberty to file fresh suit on the basis of proposed order
of MCGM. VI. Authenticated copy of roznama be given
parties, if requested.
Nature of Disposal : OTHER
Disposal Date : 26-03-2021
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