Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2000-19 in Suit No. 1526-19
CNR NO.MHCC0100554519
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2000 OF 2019
IN
L.C. SUIT NO. 1526 OF 2019
Shri Harshad Champaklal Parekh …...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai & Anr. ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 15th October, 2019.
Appearance:
Ld. Adv. Mr. Murthy for the plaintiff.
Ld. Adv. Mrs. Meena Dhuri for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the Notice
issued by the defendants under Section 351 of the Mumbai Municipal
Corporation Act, 1888 (hereinafter referred to as 'the MMC Act') dated
04.10.2018 and the Order dated 04.05.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The order shows that the plaintiff had not filed reply in response
to the notice. In fact the plaintiff had submitted reply on 22.11.2018.
-- 1 of 3 --
2 NM 2000-19 in Suit No. 1526-19
4. While disposing the earlier LC. Suit No. 2967/2018, this Court
had directed to the defendant corporation to consider the reply dated
17.10.2018 and pass orders. The order dated 04.05.2019 does not
appear to have considered the reply of the plaintiff. It primafacie
appears to be in violation of the principles of natural justice. The order
dated 04.05.2019 cannot sustained. Accordingly, it needs to be set
aside.
5. The plaintiff needs to be permitted to file the say to the notice
and submit documents. The defendant corporation needs to be directed
to consider the say of the plaintiff a fresh by permitting the plaintiff to
tender all the documents and filed additional say if, any, and pass
orders thereafter.
6. No purpose would be served in keeping the matter pending. The
Suit itself can be disposed off. In the result, following order is passed.
ORDER
1. The Order dated 04.05.2019 is set aside.
2. The defendant corporation is directed to consider the reply a fresh.
3. The plaintiff is at liberty to rely on the earlier say filed and to file any
additional say or additional documents if required.
4. The plaintiff to approach the defendant corporation within 10 days
from date of the order.
5. The defendant corporation to consider the say, documents and pass
appropriate orders after 15 days thereafter.
6. In case of any adverse order against plaintiff, the defendant not to
take coercive action for period of 15 days from date of the order.
7. It would be at the discretion of the defendant corporation to give
personal hearing of the plaintiff.
-- 2 of 3 --
3 NM 2000-19 in Suit No. 1526-19
8. The Notice of Motion No. 2000 of 2019 as well as Suit No. 1526
of 2019 stands disposed off.
9. The plaintiff to communicate his Email id to the defendant
corporation. The defendant corporation also to communicate the
order via Email id to the plaintiff.
(Sanjay N. Yadav)
Judge,
Date : 15.10.2019 City Civil Court, Mumbai.
Dictated on : 15.10.2019
Transcribed on : 16.10.2019
Signed by HHJ on : 24.10.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.11.2019 at 10.15 a.m.
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
15.10.2019
JUDGMENT/ORDER signed by
P.O. on
24.10.2019
JUDGMENT/ORDER uploaded
on
06.11.2019
-- 3 of 3 --