Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102083/2018
M/s. Indian Steel Corporation Vs MCGM
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 &amp#039S&amp#039 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
COURT 11 ADDL SESSIONS JUDGE
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