Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3894-19 in Suit No. 2723-19
CNR NO.MHCC0101083319
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3894 OF 2019
IN
L.C. SUIT NO. 2723 OF 2019
Shahzad Farhat Quaraishi @ Shezad Harhet Naserullah ....Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai & Anr. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 14th January, 2020
Appearance:
Ld. Adv. Mr. Sandeep S. Sharma for plaintiff.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks injunction restraining
the defendant corporation from acting upon the Notice issued by the
defendants under Section 351 of the Mumbai Municipal Corporation
Act, 1888 (hereinafter referred to as 'the MMC Act') dated 20.04.2017.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. After submission of reply, order is not passed. In circumstance, it
would be appropriate to direct the defendant corporation to consider
the reply of the plaintiff and the documents tendered. The plaintiff is at
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2 NM 3894-19 in Suit No. 2723-19
liberty to file additional documents if he so desires. The plaintiff to
approach the defendant corporation within 10 days from the date of the
order. The defendant corporation to consider the reply and documents
submitted by the plaintiff and pass speaking orders at the earliest. In
case of any adverse order against plaintiff, the defendant corporation
not to take any coercive action relating to suit structure for period of 15
days from date of the order.
No purpose would be served in keeping the matter pending. The
Suit itself can be disposed off. In the result, following order is passed.
ORDER
1. The defendant corporation is directed to consider the reply of the
plaintiff and the documents tendered.
2. The plaintiff is at liberty to file additional documents if he so
desires.
3. The plaintiff to approach the defendant corporation within 10 days
from date of the order.
4. The defendant corporation to consider the reply and documents of
the plaintiff and pass speaking orders at the earliest.
5. In case of any adverse order against plaintiff, the defendant
corporation not to take any coercive action relating to suit structure
for period of 15 days from date of the order.
6. It would be at the discretion of the defendant corporation to provide
personal hearing of the plaintiff.
7. The Notice of Motion No. 3894 of 2019 as well as Suit No. 2723
of 2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 14.01.2020 City Civil Court, Mumbai.
Dictated on : 14.01.2020
Transcribed on : 14.01.2020
Signed by HHJ on : 21.01.2020
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3 NM 3894-19 in Suit No. 2723-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 23.01.2020 at 01.05 p.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
14.01.2020
JUDGMENT/ORDER signed by
P.O. on
21.01.2020
JUDGMENT/ORDER uploaded
on
23.01.2020
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