Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1673-18 in Suit No. 1062-18
CNR NO.MHCC0100915315
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1673 OF 2018
IN
L.C. SUIT NO. 1062 OF 2018
Mohammed Imran Gulam Mohd.Gujarati & Anr. ....Plaintiffs
Versus
The Municipal Corporation of Greater Mumbai & Anr. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 09th April, 2019.
Appearance:
Ld. Adv. Mr. A.R. Pande for the plaintiff.
Ld. Adv. Mr. Bharat Chaudhari a/w Adv. Shri Dhumale for
defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion sought temporary injunction
restraining the defendant corporation from acting upon the notice dated
27.03.2018 issued under Section 351 of the Mumbai Municipal
Corporation Act, 1988 (hereinafter referred to as ''MMC Act'') bearing
no. DOC (AEBF 'C' WARD/D221 'C'/3514890/2014).
2. The defendant corporation had filed say to the notice of motion
for temporary injunction. The defendant corporation in paragraph 'E' of
this reply filed to the notice of motion, it has undertaken that the
defendant corporation would follow the due process of law and pass the
-- 1 of 3 --
2 NM 1673-18 in Suit No. 1062-18
orders after considering the reply filed by the plaintiff.
The notice of motion can be disposed with the direction to
the corporation to consider the reply and pass the appropriate orders
permitted under law. In case of any adverse order against the interest
of the plaintiff, the defendant corporation not to act on the order for 10
days from the date of the order. In the result, following order is passed:
ORDER
1. The Notice of Motion No. 1673/2018 stands disposed of.
2. The defendant corporation to pass orders on the notice under Section
351 of the MMC Act issued to the plaintiff, after considering the reply
and the documents.
3. The defendant corporation not to act upon the order for 10 days in
case of adverse orders passed against plaintiff from the date of order.
4. The Notice of Motion stand disposed of.
(Sanjay N. Yadav)
Judge,
Date : 09.04.2019 City Civil Court, Mumbai.
Dictated on : 09.04.2019
Transcribed on : 10.04.2019
Signed by HHJ on : 15.04.2019
-- 2 of 3 --
3 NM 1673-18 in Suit No. 1062-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 15.04.2019 at 1.37 pm.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
09.04.2019
JUDGMENT/ORDER signed by
P.O. on
15.04.2019
JUDGMENT/ORDER uploaded
on
15.04.2019
-- 3 of 3 --