Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2748-19 in Suit No.2015-19
CNR NO.MHCC0100758919
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2748 OF 2019
IN
L.C. SUIT NO. 2015 OF 2019
Gaurang Maheshkumar Dave …...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 16th October, 2019.
Appearance:
Ld. Adv. Mr. N.N. Vaishnawa 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 23.05.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. It seems that the plaintiff had replied the notice vide reply dated
13.06.2019. No orders appear to be passed. It would be appropriate to
direct the defendant corporation to consider the reply of the plaintiff a
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2 NM 2748-19 in Suit No.2015-19
fresh and the documents. The plaintiff is at liberty to file additional
documents if he so desires. The plaintiff to approach the defendant
corporation within 10 days from the date of the order. The defendant
corporation to consider the reply of the plaintiff and pass speaking
order within three weeks from the date of order. In case of any adverse
order against plaintiff, the defendant corporation not to take any
coercive action for period of 10 days from date of the order.
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 defendant corporation is directed to consider the reply of the
plaintiff a fresh.
2. The plaintiff is permitted to file any additional documents if he so
desire and to pass speaking order thereafter.
3. The plaintiff to approach the defendant corporation within 10 days
from date of the order.
4. The defendant corporation to consider the reply of the plaintiff and
pass speaking orders within 3 weeks from the date of the order.
5. In case of any adverse order against plaintiff, the defendant
corporation not to take any coercive action for period of 10 days
from date of the order.
6. It would be at the discretion of the defendant corporation to give
personal hearing of the plaintiff.
7. The Notice of Motion No. 2748 of 2019 as well as Suit No. 2015
of 2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 16.10.2019 City Civil Court, Mumbai.
Dictated on : 16.10.2019
Transcribed on : 19.10.2019
Signed by HHJ on : 24.10.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.11.2019 at 10.22 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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