Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3231-2019 in Suit No. 205-2010
CNR NO.MHCC01-008858-16
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3231 OF 2019
IN
L.C. SUIT NO. 205 OF 2010
Jamil Abdul Latif Bhamla …...Plaintif
Versus
The Municipal Corporation of Gr. Mumbai ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 01st February, 2020.
Appearance:
Ld. Adv. Mr. A.R. Pande for the plaintif.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
ORDER
1. The plaintif by this notice of motion seeks injunction
restraining the defendant corporation from acting upon the
Notice issued under Section 351 of the Mumbai Municipal
Corporation Act, 1888 (hereinafter referred to as 'the MMC
Act') dated 17.11.2009 and the Order dated 14.08.2019.
2. Heard Learned Advocate for the plaintif and Learned
Advocate for the defendant corporation.
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2 NM 3231-2019 in Suit No. 205-2010
3. The Schedule of the Notice dated 17.11.2009 reads as
under:-
''Unauthorized construction of shed on terrace
using A.C. Sheets roofng, M.S. Channels and brick masonry
wall admeasuring 19’6’’ x 61’6’’ x8’10’’ (Avg.)Ht. & 11’8’’ x
4’6’’ x 8’10’’ (Avg.) Ht., as shown in the sketch.’’
4. It is the case of the plaintif that this Court has granted
status-quo on 29.01.2010. Vide order dated 24.11.2015, the
order was passed in NM No. 374/2010, the defendant was
directed to pass fnal order. The order dated 24.11.2015 is
complied by the Designated Ofcer on 14.08.2019. It is
submitted that the plaintif was issued letter dated 26.07.2019
calling upon him to submit documents within three days.
It is stated that the plaintif by his letter dated
15.12.2009 had submitted all the documents to the defendant
corporation. The said facts were brought to the notice of the
corporation vide letter dated 27.07.2019 by the plaintif. The
plaintif called upon the defendant to decide the notice under
Section 351 of the MMC Act.
5. The defendant corporation had fled reply after passing
of the order. It is contended that the plaintif had not
submitted documents. It is observed in the order that the
documents were not submitted by the plaintif. It is not the
contention of the defendant corporation that the plaintif had
not fled reply with documents to the notice vide letter dated
15.12.2009. This fact is not denied by the corporation in the
say to the notice of motion.
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3 NM 3231-2019 in Suit No. 205-2010
6. The plaintif had fled reply on record dated 15.12.2009
which was received by the corporation on 17.12.2009. It
shows at page no. 20 of the reply, point out the enclosures. It
seems that the plaintif had fled seven documents. Those
does not appear to be considered by the corporation. The
order therefore does not appear to have been passed after
considering the reply and the documents fled by the plaintif.
In circumstances the defendant to consider the
documents and pass fresh order after considering the
documents. In case the documents are not available with the
defendant corporation, the plaintif is directed to submit the
documents again.
The Notice of Motion No. 3231/2019 stands
disposed of. Noting survives in the suit. The Suit No.
205/2010 also stands disposed of.
In the result, following order is passed.
ORDER
1. The defendant corporation is directed to consider the
documents and pass fresh order after considering the
documents.
2. The plaintif is at liberty to fle any additional documents if
he so desire and to pass speaking order thereafter.
3. The plaintif to approach the defendant corporation within
15 days date of the order.
4. The defendant corporation to consider the documents of
the plaintif and thereafter to pass speaking orders within 3
weeks thereafter.
5. In case of adverse order against plaintif, the defendant
corporation not to take any coercive action for period of
two weeks from date of the order.
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6. It would be at the discretion of the defendant corporation
to provide personal hearing of the plaintif.
7. The Notice of Motion No. 3231 of 2019 as well as
Suit No. 205 of 2010 stands disposed of.
(Sanjay N. Yadav)
Judge,
Date : 01.02.2020 City Civil Court, Mumbai.
Dictated on : 01.02.2020
Transcribed on : 03.02.2020
Signed by HHJ on : 07.02.2020
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5 NM 3231-2019 in Suit No. 205-2010
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 10.02.2020 at 10.47 a.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With
Court Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
02.01.2020
JUDGMENT/ORDER signed
by P.O. on
07.02.2020
JUDGMENT/ORDER
uploaded on
10.02.2020
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