Final Order 1

Order Details: Other
Pdf Text: 18052022
03
Coram: H.H.J. Shri. K. P. Kshirsagar, City Civil Court, Mumbai.
(C.R.08)
SU st.
5689/2022
Matter pertains to C. R. No. 06.
By Precipe
Adv. P. D. Gandhy present for plaintiff and tendered draft Notice of
Motion @ Affidavit. t.o.r.
O Leave granted to register.
Adv. Chandramore present for defendant/MCGM.
Mr. Paresh Choudhary, Sub Engineer, Building & Factory dept G
South Ward present and submitted that defendants received the
reply of plaintiff dtd.4/10/21 to the impugned notice. However,
inadvertently it was not considered in the impugned order.
Defendants will consider the reply and pass afresh necessary order.
Heard Ld Advocate for plaintiff and Ld Advocate for defendants on
draft NM.
FRSR; Following order is passed on draft Notice of Motion:
ORDER
1) The concerned designated officer of defendants shall
consider the reply of plaintiff dtd.4/10/21 to impugned
notice and documents filed in support thereof. Thereafter,
reasoned speaking/final order shall be passed, if any.
2) In the meantime defendants shall not demolish the notice
structure or take action in pursuance of impugned
notice/order without following due process of law.
3) In case adverse order is passed against plaintiff then after
passing speaking order defendants shall give 15 days time
to plaintiff to challenge it before the competent
court/forum if required. Plaintiff shall avoid delay.
4) Plaintiff will get an opportunity to file fresh suit and fresh
N/M on the basis of new cause of action subject to proposed
speaking order of MCGM. Hence, the suit and draft N/M
are hereby disposed of.
5) The draft Notice of Motion be registered for statistical
purpose.
6) The draft Notice of Motion and suit is disposed of
accordingly.
Proceeding is closed. Authenticated copy of roznama be
provided to parties if requested.
I/c. Judge
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