Final Order 1

Order Details: Other
Pdf Text: Dt. 05.02.2021 CORAM : H.H.J. SHRI. U. J. MORE ( CR. NO. 08)
SU-3107/19
Exh.3, 4 & 5
Adv. More for plaintiff present.
Adv. Khandagle for deft/MCGM present and tendered Written
Statement, additional written statement and list of documents. TOR
and market at Exh.3, Exh.4 and Exh.5 respectively.
Officer Smt. Sayli Talekar, Administrative Officer, Solid Waste
Management, M/East Ward, MCGM, present.
Today Written Statement is filed at Exh.3 by the deft/
Corporation. The issue in this Suit was only Minakshi Mahendra
Kasare and Shobha Mahendra Kasare are the one and same person.
As there was objections for P. T. case as plaintiff husband Mahendra
Kasare was serving in a Mumbai Municipal Corporation Gr. Bombay
having Employee Code No.3833025. By letter dt. 17.05.2019 dt Exh.
P. to the plaint, Administrative Officer of M-East ward has objected
as there is difference in the name of Shobha Mahendra Kasare with
request to get direction/order from the Court.
Today Administrative Officer Smt. Sayli Talekar is present. She
has filed additional written statement on behalf of deft/Corporation
with contention that except plaintiff's application no other claim has
been received till today to office for seeking claim in P.T. Case in
place of deceased employee late Mahendra Ramji Kasare. Hence this
defendant has no objection to consider plaintiff's P. T case, if this
Court on the basis of documents filed by plaintiff alongwith plaint
observes that Minakshi and Shobha are the same person. It is
further submitted in para no.3 of additional written statement that
plaintiff should file indemnity bond that if any further claim arises
for P. T. case, plaintiff's claims already considered by the defendant
for granting employment in service of this defendant is liable to be
revoked.
Heard both sides at length.
I am of the opinion that considering the additional written
statement filed by the only defendant/Corporation, no one has
claimed to the P. T case of deceased Mahendra Kasare, Employee
code No.3833025 except this plaintiff. The document is filed at Exh-
A to the plaint-Marriage Certificate, D to the plaint- Service Record,
Exh.G (Colly) to the plaint-Hamipatra, Exh.H to the plaint-Affidavit,
Joint Affidavit cum no objection at Exh. I to the plaint, Pan Card at
Exh.L to the plaint, Aadhar Card at Exh.M to the plaint, Ration Card
at Exh. N to the plaint and I card of pensioner at Exh.O to the plaint,
all these documents transpires plaintiff's name as a Shobha Kasare
except the documents of Sourabh Kasare transpires name of mother
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as a Minakshi at birth Certificate at Exh.K (Colly) to the plaint and
Leaving certificate only. Considering all the aspects and no objection
by the defendant Corporation through additional written statement
at Exh.4 and with the consent of both the parties, Suits needs to be
disposed off. The plaintiff has also filed indemnity bond at Exh.6.
The indemnity bond transpires in para no. 2 that if any further claim
arises in future for the P.T. Case of my son Mr. Sourabh Mahendra
Kasare for the P. T. Case in case of deceased employee Mahendra
Ramji Kasare, for granting employment in service of the defendant
Corporation P. T. claim of my son Sourabh Mahendra Kasare is liable
to be revoked. Thus, as there is indemnity regarding any further
claim in P. T. case of Master. Siddarth Mahendra Kasare, certainly
nothing remains in the Suit. There is no objection by administrative
officer of Corporation Officer Smt. Talekar to dispose of the suit as
per additional written statement at Exh. 5 and indemnity bond of
plaintiff at Exh.6.
Hence Order :-
ORDER
1) Considering no objection by defendant/Corporation for
plaintiff's P. T. Case as there was only her application as claimant for
P. T. case, nothing remains in the Suit. Hence Suit is disposed off as
per the no objection in additional Written Statement by
deft/Corporation at Exh.4.
2) The plaintiff has given indemnity bond at Exh.6 i.e if any claim
arises for service in the employment of Corporation in case of
deceased Mahendra Ramji Kasare, Employee Code No.3833025, the
claim will be revoked by the deft/Corporation.
3) Cost in cause.
4) Court fee refunded to the plaintiff, if any.
Judge
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