Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2749-19 in Suit No.2014-19
CNR NO.MHCC0100759019
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2749 OF 2019
IN
L.C. SUIT NO. 2014 OF 2019
Sureshkumar Fojmal Kataria …...Plaintiff
Versus
The Municipal Corporation for Gr. Bombay ..... 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 06.05.2019
and the Order dated 02.07.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The notice is issued under Section 351 of the MMC Act on
06.05.2019. The notice was replied by the plaintiff on 10.05.2019. The
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2 NM 2749-19 in Suit No.2014-19
order points out that the plaintiff had not replied the notice. It seems
that the defendant corporation had passed order without considering
the reply of the plaintiff. The orders appears to be arbitrary in violation
of principles of natural justice. The corporation needs to be directed to
consider the reply of the plaintiff. The plaintiff is at liberty to file
additional reply and 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 after the plaintiff
approaches the defendant corporation. 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. It would be at the
discretion of the defendant corporation to give personal hearing of the
plaintiff.
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 at liberty to file additional reply and documents if he
so desires.
3. The plaintiff to approach the defendant corporation within 10 days
from the date of the order.
4. The defendant corporation to consider the reply of the plaintiff and
pass speaking order within three weeks after the plaintiff
approaches the defendant corporation.
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.
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3 NM 2749-19 in Suit No.2014-19
6. It would be at the discretion of the defendant corporation to
give personal hearing of the plaintiff.
7. The Notice of Motion No. 2749 of 2019 as well as Suit No. 2014
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
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.11.2019 at 10.23 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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