Date: 05-05-2018
Business: Mentioned by pracipee. NOB. TOB.
Adv. A. R. Pande for plaintiff tender draft NM with affidavit seeking ad-interim relief that the defendant be restrain from demolishing the notice structure. Leave to register is granted. Adv. Dhumale, Mr. Somesh Shinde, Sub- Engineer are present.
Plaint.
Valakatnama.
Address Memo.
List of documents.
Affidavit in support of plaint.
Adv. Pande submits that the notice dtd. 04.05.2018, is issued U/s 354 A of MMC Act. The plaintiff has replied the notice on 05.05.2018. He has shown a copy bearing acknowledgement of the defendant. He has tendered additional copy of reply to Mr. Somesh Shinde, Sub Eng. Before the court. Mr. Shinde submits that till date a final order is not passed by the defendant corporation. Adv. Dhumale submits that the defendant has inspected the premises on 03.05.2018 and found work in progress. And therefore notice U/s 354 A has been issued. He also submits that photographs shows that the work is in progress.
Ld. Adv. Pande submits that as the final order is not passed, the suit may be disposed off. Ld. Adv. Dhumale on instructions of the Mr. Shinde submits that necessary order will be passed after considering the reply given by the plaintiff. Mr. Shinde submits that the necessary order will be pass within reasonable time. In the circumstance considering the same the following order is passed -
ORDER
1. The suit is disposed off as withdrawn.
2. The NM is also disposed off as the suit is withdrawn. Formality of registration of NM be completed.
3. In case any adverse order is passed by the defendant corporation, the same should be served to the plaintiff. In that case the defendant should not take any coercive action for a period of four days. Similarly the plaintiff is directed that he should not carry out any further construction at the suit premises.
An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to both the parties.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-05-2018
