Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102058/2018
Smt. Geetadevi Chandiprasad Kalwar Vs MCGM
Date : 05-05-2018
Business : By Precipee Adv.Mr.Kudalakar for Plff.present. Adv.for Plff.
tendered draft N/m along with affidavit t.o.r. Leave granted
to register N/m. Returnable on next date. Adv.Mrs.Kamble
for BMC/Deft.present. Order below draft N/m Perused N/m.
Heard Ld.advocates of both the sides. Today the concerned
officer of the MCGM is not present. On perusal of the plaint
as well as the notice of motion and the documents on record,
the plffs has challenged the notice bearing No.
ACT/AEMT/1261/Gen dated 04.07.2016 (Exh.L, page 106
of Plaint). The plff has replied the said notice 03.08.2016,
received by MCGM on 06.08.2016 (Exh.M, Page no.40 of
Plaint). It is submitted by the plff that till the date no
speaking order/final order is passed by the MCGM. Even the
plff has complied with the provisions of Section 527 of the
MMC Act by issuing the notice (Exh.N, Page 41 of Plaint).
This N/m and suit is filed on the basis of apprehension. The
MCGM even otherwise cannot initiate any action on the
basis of said notice dated 04.07.2016 unless the reply and
documents filed by the plff.dated 03.08.2016 is considered.
The McGm if wants to initiate any action with regard to suit
premises shall considered the reply of the plff and pass the
speaking order/final order as per law. After considering the
previous reply and documents the concerned authority to
pass the order and communicate in writing to the plaintiff. If
the order is adverse to the interest of plaintiff or against the
plaintiff then no coercive action will be taken by the MCGM
for period of two weeks after the date of communication of
order upon the plaintiff. Draft N/m stands disposed of
accordingly. It be registered for statistical purpose. Order
below Exh.1. In view of order below Draft N/m, Suit
No.1251/18 is disposed of accordingly. All issues and
contentions are kept open.
Nature of Disposal : OTHER
Disposal Date : 05-05-2018
COURT 8 ADDL SESSIONS JUDGE
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