Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt.16122019
SU 3297/19
Exh.6
CORAM : H.H.J SHRI.C. V. MARATHE (C.R.NO.8)
Adv. Tushar Momaiyah with Adv. R. D. Thorat for plaintiff
present and filed rejoinder. Copy served to other side.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
KB LO
WS already filed on record t.o.r. and marked at Exh.6
Order on N/M no. 2480/19
The matter is remanded to this court in AO (St.)No.
20378/19 after the plaintiff filed documents showing that the
suit barracks were always having an attic floor and assessment
record before Hon'ble Bombay High Court. This documents are
clearly not considered by designated officers by
defendant/MCGM while passing the speaking order dated
09052019 in respect of the suit premises. Therefore, the N/M
can be disposed of by giving directions to the designated
officers of Defendant/MCGM to consider the same documents
and pass fresh order in accordance with law. Hence,
Order
1)The N/M is disposed off with direction to the plaintiff to file
his additional reply to the show cause notice along with the
documents within 10 days from today and designated officer of
Defendant/MCGM shall consider such documents, if tendered
within stipulated times, and passed fresh speaking order after
considering all the documents along with reply of the plaintiff
in accordance with law.
2) If such order will be adverse to plaintiff's interest, the same
shall not be enforced for 2 weeks from communication of the
said order to the plaintiff.
3) The adinterim protection granted by Hon'ble Bombay High
Court to continue till passing of such speaking order by the
designated officer of defendant/MCGM.
Adjd to 23032020 for Framing issues.
Judge
-- 1 of 1 --