Final Order 1

Order Details: Other
Pdf Text: 05.07.2023
Sr. No. 28
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 957/20
NM 2243/19
Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Order in NM No. 2243/2019:
01. Having considered the rival submissions, at the out set, it is
to be noted that earlier, as per the Order dtd. 01.11.2018, the Court
granted ad-interim relief in favor of the plaintiff and observed that
the defendant has to consider notice reply and to pass the Order in
accordance with law before taking any coercive steps as against the
suit structure. This Order is continued till today. However, the fact
remains that till date, the record is silent to gather that in view of
this Order, the defendant passed any Speaking Order in this matter.
Nor, he bothered to contest the suit and this NM, by filling his reply.
This being position of record, there is no change in scenario, which
was existing while granting ad-interim relief in the plaintiff’s side.
Therefore, the said Order is continued, restraining the defendant to
take any coercive action against this structure, except by following
the due process of law. In the result, NM No.2243/2019 is disposed
of as patly allowed.
Adjourned for RE (No WS) (LN) to 25.08.2023.
Judge
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