Saad Abdul Qayyum GazdherVsDesignated Officer +1 more

Date: 21-06-2019
Business: BY PRECIPEE
Plaintiff present.
Adv.Mr.P.D.Gandhy for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Adv.of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
Mr.Vinod Ghane, Sub Engineer, B and F Department, \''A\'' Ward.
Exh.1-Plaint
Exh.2-Vakalatnama. O-Seen and filed.
Exh.3-Address Memo. O-R and R.
Exh.4-List of documents. O-Seen and filed.
Exh.5-Affidavit in support of plaint.
Exh.6-Adv.of BMC/Deft. Filed list of documents t.o.r.
Heard Ld.Adv.for Plaintiff and Ld.Adv of Deft.
      The Ld.Adv.for Plaintiff argued that the sanctioned plan which was not within his reach at the time of filing reply to the notice U/S.351 was traced after the order who was passed by the corporation pursuant to the notice. He relies on other documents also. One of the prayer in the notice of motion is for remand of the matter back to the corporation for fresh appraisal.
                Admittedly the notice is u/S.351 of MMC Act. It would be appropriate to direct the corporation to file say to the  notice of motion. In the meantime, the defendant is directed not to take coercive action by virtue of the order dated 15.06.2019. It is made clear that the interim order passed today is not on merits. It is only to maintain the suit property in status-quo till filing of reply and argument on notice of motion.
Matter adjd to 28.06.2019 for NM Reply/NM Argument.
Next Purpose: REPLY
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv.Hardik Desai for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Adv.of Plaintiff filed NM No.2337/19 a/w. Affidavit t.o.r.
Reply filed by Adv.of BMC t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 01.07.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Adv.Indira Bhushan for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
KB
LO
Adv.Mithilesh Mishra for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
KB
LO
Adv.Hardik Desai for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Heard.
Matter adjd to 03.07.2019 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv.Indira Bhushan for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
(As Court is busy in other matters hence, adjourned.)
Earlier order if any to continue till the next date.
Matter adjd to 06.07.2019 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Adv.Indira Bhushan for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
F.R.S.R. the following order is passed
                      ORDER
1. The defendant corporation to consider the reply dated 20.06.2019 as reply to the notice dated 08.02.2019 under Section 351 of the MMC Act, a fresh and pass speaking order.
2. The Plaintiff to approach the corporation within two weeks from the date of order and the corporation to hear and pass speaking orders within three weeks thereafter.
3. In case of adverse orders against the Plaintiff, no coercive action should be taken out against the Plaintiff for 10 days from the date of order.
4. In the light of above directions notice of motion and suit stands disposed off.
Nature Of Disposal: OTHER
Disposal Date: 06-07-2019

NOTICE OF MOTION/102337/2019

Filing Number: 106705/2019
Filing Date: 20-06-2019
First Hearing Date: 21st June 2019
Decision Date: 06th July 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE