Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100926/2018
Smt. Kalavati R. Singh Vs MCGM
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&amp#039s
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
-- 1 of 2 --
Ch/s. be comply with.
Nature of Disposal : ALLOWED
Disposal Date : 11-06-2018
COURT 5 ADDL SESSIONS JUDGE
-- 2 of 2 --