Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt. 04/12/2019
ST – 13286/19
SU 3189/19
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
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Therefore, it is disposed of as withdrawn.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 adinterim 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, Mumbai400071.
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, adinterim 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
Judge
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