Date: 09-08-2019
Business: BY PRECIPEE
Adv.Mr.A.A.Pande for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Exh.1 - Plaint
Exh.2 - Vakalatnama. O-Seen and filed.
Exh.3 - Address Memo. O-R and R.
Exh.4 - List of documents. O-Seen and filed.
Exh.5 - Affidavit in support of plaint.
Adv.of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
Heard Ld.Adv.of Plaintiff and Adv.of defendant.
The Plaintiff was issued notice u/S.351 of MMC Act on 20.09.2019. The Plaintiff had approached the defendant seeking 8 days time to file reply on 29.07.2019. The order u/S.351 of MMC Act was passed on 01.08.2019 that is after 10 days of issuance of notice. In view of judgment of Sopan Maruti Thopate para 19 it was incumbent on the part of defendant corporation to provide 15 days to the Plaintiff to reply the notice. The order is passed on 01.08.2019. The order appears to be without reply. The Plaintiff submits that he had filed reply on 07.08.2019. In circumstances it would be appropriate to direct the defendant corporation to decide the notice afresh after considering the reply of the Plaintiff dated 07.08.2019 within 8 days of the date of this order. The defendant corporation to initiate action if any after 15 days after the order. In view of the direction the suit and the draft notice of motion stands disposed off.
Adv.of Plaintiff and defendant pray for authenticated copy.
Sheristedar is directed to give authenticated copy of this roznama to both the sides.
Nature Of Disposal: OTHERWISE
Disposal Date: 09-08-2019