Date: 04-04-2018
Business: Mentioned by Preciepe.
Advocate Mr. Thorat with Shailesh Shukla for the Plaintiff present.
Advocate Mr. Tondwalkar for BMC/deft present.
Mr. Sachin Ganpat Kodade Sub-Engineer \''S\'' ward present.
Vakalatnama tendered by the Plaintiff. t.o.r. O-filed.
Vakalatnama tendered by BMC/deft. t.o.r. O-filed.
List of the documents tendered by BMC/deft. t.o.r. O-filed.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the defendant temporarily from demolishing suit premises pursuance to the notice dtd 22.02.2018 and order dtd 16.03.2018. t.o.r. Leave granted to register.
Heard Ld adv for the Plaintiff and the Defendant. Perused documents tendered by the Plaintiff and the defendant. It appears that the defendant has issued notice to the plaintiff u/s 351 of MMC Act on 22.02.2018 and thereafter passed order on 16.03.2018. From order it reflex that at the time of passing order, there was no reply and documents before designated officer of the defendant. Further it reveals that thereafter, on 21.03.2018, the Plaintiff has replied the said notice and it is received by the Defendant on 26.03.2018. Thus, in the above facts and circumstances, in view of principle of natural justice, it is just to give opportunity to the plaintiff to consider reply submitted by the Plaintiff to the defendant. Further advocate for the Plaintiff has submitted that the plaintiff wants to submit some additional documents to the defendant in view of notice. Hence, permission is granted to the Plaintiff to submit documents within 7 days only from today. Thus, it is hereby directed to the defendant to pass a fresh speaking order by considering already filed reply and documents as well as documents if submitted within stipulated period. The defendant is directed not to take any coercive action, pursuance to the notice dtd 22.02.2018 and order dtd 16.03.2018 till passing fresh order. With this directions, draft notice of motion stands disposed of and it be registered for statistical purpose.
Nature Of Disposal: DISMISSED
Disposal Date: 04-04-2018
