Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :SUIT/0103172/2018
Indus Towers Ltd Vs MCGM
Date : 27-06-2018
Business : Adv. Mr. Kapadia for plaintiff present. Adv. Mr. Giri for
BMC/Defendant present. Mr. Swapnil Hari Pawar, Sub
Engineer, BMC present. Heard advocate for plaintiff and
Defendant. Sub Engineer is present before the Court. He
submitted that in view of the direction given by the Honble
High Court in Writ Petition No. 847 of 2012, Writ Petition
(L) 2043 of 2014 the Corporation is directed not to take any
coercive action. Therefore in view of the said directions the
Corporation is withdrawing the notice/order. Therefore
cause of action not survives. The prayer is made on behalf
of the defendant/Corporation to dispose of the suit. The
advocate for plaintiff consented for disposal of suit. The
advocate for plaintiff submits that in view of the submission
made by the officers that liberty be granted to them to file
fresh suit observing that the matter is not decided on merit.
In view of the submission made by the officer about
withdrawal of the notice, no cause of action survives.
Therefore, suit itself become infructuous. Hence, prayer
made for disposal of suit is hereby allowed with
observations that the matter is not decided on merit. Leave
is granted to the plaintiff to file fresh suit if fresh notice is
issued by the Corporation. All contentions on merit are kept
open. Since the impugned notice and order is withdrawn by
the Corporation all the action initiated on the basis of the
said notice also stands withdrawn. The Electricity supply
which is disconnected at the instance of
defendant/Corporation needs to be restored. The petitioner/
plaintiff granted leave to restore the electricity supply in
view of the withdrawal of the notice and order by the
defendant/ Corporation. Accordingly matter stands disposed
off. Notice of Motion also disposed off accordingly. Suit
Stamp and Notice of Motion be registered for statistical
purpose. Authenticated copy be given to advocate for
plaintiff duly signed by Sheristedar.
Nature of Disposal : OTHER
Disposal Date : 27-06-2018
COURT 8 ADDL SESSIONS JUDGE
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