Mohanraj Bangaruswamy Naidu Suit St. NO. 13286 OF 2019VsDesignated Officer +1 more

Date: 04-12-2019
Business: Adv. P.D. Gandhi for plaintiff present and tendered draft Notice of Motion and Chamber Summons and also tendered original NM No. 4574/19.
O - Leave granted to register the draft NM and draft Chamber Summons.
Ld  adv for Plff has not pressed earlier NM No. 4574/19. Therefore, it is disposed of as withdrawn.
Adv. Khandagle for MCGM/Deft. present.
Order on ad-interim relief.
                                         ORDER
             Perused plaint, N/M, documents annexed to the plaint and heard both sides. Ld. Adv. for the plaintiff has argued that the Designated officer of defendant/MCGM has not considered material documents such as rent receipts and City Survey Map showing existence of the suit premises i.e. room no. 1, Rosy Mary D\\\''souza Chawl, Ghatla Village Road, Chembur, Mumbai-400071. After going through the said order, it is clear that these documents are not considered by the Designated Officer. Therefore, there appears clear non application of mind by the said officer. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date. This will not prevent the Designated officer of the defendant/MCGM from passing fresh order after considering above documents. If such order will be adverse to plaintiff\\\''s interest same shall not be enforced for a period of two weeks from the date of application of the order to the plaintiff or next date, whichever will be earlier.
 Order on Draft Chamber Summons
ORDER
             Perused Ch/Sum to add subsequent events in the plaint. It is objected by the other side. However, the proposed amendment does not change the nature of the suit and necessary for deciding the controversy. Hence, Ch/sum is allowed and made absolute in terms of prayer clause (a). The plaint be amended accordingly and amended copy of the plaint be served to the defendant/MCGM on or before next dated.
Ch/Sum be registered for statistical purpose.
There exists element of settlement between parties. Therefore matter is refereed to mediation.
Matter is adjd to 09.03.2020 for N/m Reply/Mediation Report.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-12-2019

Filing Number: 113379/2019
Filing Date: 03-12-2019
First Hearing Date: 04th December 2019
Decision Date: 04th December 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE