Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :SUIT/0102246/2019
Praful Patwardhan Patwa Vs MCGM
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
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