Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2658-19 in Suit No. 1997-19
CNR NO.MHCC0100554519
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2658 OF 2019
IN
L.C. SUIT NO. 1997 OF 2019
Sudhakar Suresh Mishra …...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai & Anr. ...... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 16th October, 2019.
Appearance:
Ld. Adv. Mr. Akshay Pawar for plaintiff.
Ld. Adv. Mrs. Meena Dhuri for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks injunction restraining
the defendant corporation from acting upon the Notice issued by the
defendants under Section 351 of the Mumbai Municipal Corporation
Act, 1888 (hereinafter referred to as 'the MMC Act') dated 20.05.2019
and the Order dated 01.07.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
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2 NM 2658-19 in Suit No. 1997-19
3. The order dated 01.07.2019 shows that the plaintiff had not filed
reply or submitted any authentic documentary evidence in its defence.
4. The plaintiff had replied the notice by reply dated 28.05.2019
and additional replied dated 01.06.2019.
The reply appears not considered by the defendant corporation.
The order appears to be arbitrary and to be in violation of principles of
natural justice. An opportunity needs to be given to the plaintiff to
reply the notice with liberty to file any additional documents. The
defendant on submission of documents by the plaintiff, the corporation
to consider the same and pass speaking order. The order dated
01.07.2019 does not sustain and accordingly needs to be set aside.
5. No purpose would be served in keeping the matter pending. The
Suit itself can be disposed off. In the result, following order is passed.
ORDER
1. The Order dated 01.07.2019 is set aside.
2. The defendant corporation is directed to consider the reply of the
plaintiff a fresh.
3. The plaintiff is permitted to file any additional documents if he so
desire and to pass speaking order thereafter.
4. The plaintiff to approach the defendant corporation within 10 days
from date of the order.
5. The defendant corporation to consider t0he documents and pass
speaking orders within 3 weeks thereafter.
6. In case of any adverse order against plaintiff, the plaintiff will be
protected for period of 10 days from date of the order.
7. It would be at the discretion of the defendant corporation to give
personal hearing of the plaintiff.
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3 NM 2658-19 in Suit No. 1997-19
8. The Notice of Motion No. 2658 of 2019 as well as Suit No. 1997
of 2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 16.10.2019 City Civil Court, Mumbai.
Dictated on : 16.10.2019
Transcribed on : 18.10.2019
Signed by HHJ on : 24.10.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.11.2019 at 10.21 a.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
16.10.2019
JUDGMENT/ORDER signed by
P.O. on
24.10.2019
JUDGMENT/ORDER uploaded
on
06.11.2019
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