Birju Shobha KalwarVsMCGM

Date: 28-09-2018
Business: By precipe
Adv. Bipin Joshi for plaintiff present and filed Draft Notice of Motion alongwith affidavit. t.o.r.
Adv. Bhoir for defendant no. / BMC present.
Order on ad-interim relief.
Perused the application, documents filed by the Plaintiff and heard both the parties. According to the plaintiff''s advocate, the suit premises is situated in Chembur and Deft. corporation is providing alternate accommodation in Dahisar which is not suitable place for commercial as well as residential purpose. The plaintiff has prayed for temporary injunction for restraining the deft. from demolishing the suit premises without providing suitable alternate accommodation in the vicinity. After going to the record, the deft., by its letter dt.18.1.18. inform the plaintiff above available space in the market by mentioning eight place. In such circumstances, the plaintiff can not claim the space/ area of his choice. It is not the case that the deft. corporation has taken the decision to issue letter dt. 9.8.2018 malafide. Therefore, ad-interim relief in terms of prayer clause (a) is rejected.
O- Leave granted to register draft notice of motion.
Matter adjd. to 17.10.18 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 17-10-2018

Date: 17-10-2018
Business: Adv. Mohit Jadhav for plaintiff present. Plaintiff present.
Adv. Bhoir for defendant no. / BMC present.
Vakalatnama filed by Adv. of plaintiff. Tor.
LD. Adv. for plaintiff submits orally that the plaintiff wants to withdraw the suit.
Withdrawal pursis filed by Adv. of plaintiff. Tor
Order on Exh. 03
The plaintiff is present in person and filed pursis of withdrawal of (Exh. 03). On oral inquiry, the plaintiff submits that he does not want to proceed with the suit. Hence, suit is disposed of as withdrawn. In view of this order, draft notice of motion is also disposed of. It be registered for statistical purpose.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-10-2018

Filing Number: 113097/2018
Filing Date: 25-09-2018
First Hearing Date: 28th September 2018
Decision Date: 17th October 2018
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE