Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4431-19 in Suit No.2953-19
CNR NO.MHCC0101216419
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 4431 OF 2019
IN
L.C. SUIT NO. 2953 OF 2019
Darshana Parimal Goradia …...Plaintiff
Versus
Designated Officer, Asst. Engr. (B & F),
'C' Ward, MCGM & Ors. .... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 28th November, 2019.
Appearance:
Ld. Adv. Ms. Indira Bhushan for plaintiff.
Ld. Adv. Mrs. Meena Dhuri for defendant/MCGM.
ORDER
1. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
2. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the Notice
issued under Section 53 (1) of the Maharashtra Regional and Town
Planning Act, 1966 (hereinafter referred to as 'the M.R.T.P. Act') dated
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2 NM 4431-19 in Suit No.2953-19
15.10.2019.
After receipt of the notice the plaintiff had replied the notice on
13.11.2019. No speaking orders are passed. The reply of the plaintiff is
not considered and orders are passed.
3. The Hon'ble High Court in Writ Petition No. 2513/2014 in case
of Ajit Kalyanrao Nigde & 12 Ors. Vs. The State of Maharashtra &
Anr. in paragraph no. 4 has observed that the corporation has obliged
to consider the reply of the person to whom the notice is issued under
Section 53 (1) and pass speaking orders.
4. In the present proceeding, the reply of the plaintiff is not
considered and orders are passed. It would be appropriate to direct the
defendant corporation to consider the reply of the plaintiff and pass
speaking orders thereon.
No purpose would be served in keeping the suit pending. The
suit can be disposed off with following directions:
In the result, following order is passed.
ORDER
1. The plaintiff to approach the defendant corporation by 21.12.2019
if he desire to submit any additional documents.
2. The defendant corporation to consider the reply filed by the plaintiff,
additional reply, additional document submit and then pass speaking
orders within 10 days from 02.12.2019.
3. In case of adverse order against plaintiff, the defendant
corporation not to take any coercive action for period of two weeks
from date of the order.
4. It would be at the discretion of the defendant corporation to provide
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3 NM 4431-19 in Suit No.2953-19
personal hearing of the plaintiff.
5. The Notice of Motion No. 4431 of 2019 as well as Suit No. 2953
of 2019 stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 28.11.2019 City Civil Court, Mumbai.
Dictated on : 28.11.2019
Transcribed on : 29.11.2019
Signed by HHJ on : 29.11.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 30.11.2019 at 11.54 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
28.11.2019
JUDGMENT/ORDER signed by
P.O. on
29.11.2019
JUDGMENT/ORDER uploaded
on
30.11.2019
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