Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF HHJ Shri. S.C. Pathare
COURT 5 ADDL SESSIONS JUDGE
Case No.: NOTICE OF MOTION / 103110 / 2019 CNR Number: MHCC010084852019
Praful Patwardhan Patwa Vs MCGM And Anr
Mr. Anand A. Pande Advocate /
Todays Date Roznama Next/Disposal Date
09-08-2019
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.
OTHER: Proceeding is closed
Judge
09-08-2019
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