Final Order 1

Order Details: Other
Pdf Text: 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&amp#039s 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&amp#039s 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.
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