Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :SUIT/0101262/2018
Mr. Dinesh Balchand Mehta Vs 1. MCGM 2. Designated Officer Assistant Engineer B and F C
Ward
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disposed off as withdrawn. 2.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as the suit is withdrawn.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
COURT 5 ADDL SESSIONS JUDGE
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