Date: 11-06-2018
Business: Resumed.
Adv. Kudalkar for plaintiff and Adv. Chandramore for MCGM are present.
I have already heard, both the advocates on the draft NM taken out by plaintiff on 06.06.2018. The matter was adjourned for orders on draft NM to 08.06.2018. As the P.O. was busy in other civil matters the matter was adjourned for orders today.
Earlier by notice dtd. 24.02.2018 the plaintiff was directed by the defendant to shift kitchen from mezzanine floor to ground floor, being fire hazard, after conducting joint inspection by medical officer health, station officer fire and junior engineer of concern ward. The plaintiff replied and thereafter filed this suit and took out NM No. 2056 of 2018, seeking ad-interim relief that the defendant be restrained from demolishing the suit premises. On 08.05.2018, the ld. Judge, of in charge court rejected ad-interim relief.
In the meantime the defendant issued show cause notice dtd. 05.05.2018 to the plaintiff as to why the trade license should not be revoked, and the plaintiff did not shift the kitchen from mezzanine floor to ground floor. The plaintiff took out another NM No. 2016 of 2018 for restraining the defendant from demolishing the suit premises. On 31.05.2018, relief of ad-interim injunction was rejected as order revoking the trade license was passed by the defendant already on 30.05.2018.
On this background, the plaintiff took out another notice of motion for restraining the defendant from revoking the trade license pursuant to the notice dated 30.05.2018, which was tendered by medical officer health to the plaintiff in the court. Upon hearing both the ld. Advocates and perusing the copies of documents as well as the said notice dtd. 30.05.2018, it prima facie appears that it is not a notice. It is an order whereby the defendant revoked plaintiff\''s health /trade license no. 761414652 which was issued under section 394 of MMC Act, with a direction to submit copy of original health license with the defendant or to face an action for seizure etc.
Considering the nature of that order, post facto intervention of this court at this stage is not warranted therefore ad-interim relief is rejected.
The ld. Advocate for defendant filed reply to the Ch/s.
Heard, respective advocates. Perused the text of proposed amendment and reply filed by defendant. The proposed amendment is in respect of the facts which took place after the date of suit. The plaintiff is seeking declaration and injunction by amending the suit. Therefore, the nature of the suit will not be changed, if amendment is allowed. The amendment has been proposed diligently. It is necessary for determining the matter in controversy between the parties. Therefore, the following order is passed-
ORDER
1. The draft Ch/s. is made absolute in terms of prayer clause (a) with direction to comply with the order on or before 25.6.2018 in all respect.
2. The formality of registration of Ch/s. be comply with.
Nature Of Disposal: ALLOWED
Disposal Date: 11-06-2018