Mrs. Vimal Ajit Singh DuggalVsMCGM

Date: 09-08-2019
Business: Adv. Tahil Choudhari a/w adv. Hasan Khan for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Heard. Perused.
     It is plaintiff\''s case, a notice u/s 351 of the MMC Act is issued to which the plaintiff has replied however, without deciding the reply/representation by the plaintiff, defendant corporation is threatening to demolish the suit premises.
     It is settled legal position that once reply to notice u/s 351 is filed, the defendant has to decide it by a speaking order and in absence of such process followed it can not act upon such notice. Hence following order is passed -
                                        ORDER
1. Defendant Corporation is directed to decide the plaintiff\''s reply filed in response to the notice u/s 351 by passing a speaking order.
2. Defendant Corporation is directed not to act upon impugned notice till passing of the speaking order and two weeks from the date of communication of the order to the plaintiff in case the speaking order is against the plaintiff.
3. The Draft Notice of Motion and the suit are disposed off in view of above directions.
4. The Draft Notice of Motion be registered for statistical purpose.
Authenticated copy of roznama be given to the parties.
Plaintiff to communicate the order to the concerned ward office/officer.
Nature Of Disposal: OTHERWISE
Disposal Date: 09-08-2019

Filing Number: 108824/2019
Filing Date: 07-08-2019
First Hearing Date: 09th August 2019
Decision Date: 09th August 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE