Date: 19-12-2019
Business: Adv. Abhishekh Tripathi for appellant is present.
Adv. A. V. Diwate for respondent/BMC is present.
KB
LO at 03.30 pm.
Adv. Abhishekh Tripathi for appellant is present.
Adv. A. V. Diwate for respondent/BMC is present.
Ms.Sandhya Tushar Shirwandkar, Estate Officer, P to R Ward.
Advocate for appellant filed Stay Application. TOR and marked as Exh.2.
Appeal may be heard on merit finally. The respondent will file R and P by next date. Till then the respondent should not take any coercive steps in respect of impugned order dt. 13.11.2009.
Adjourned to 23.01.2020 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 31-12-2019
Date: 31-12-2019
Business: N.O.B.T.O.B
Mentioned by Adv. Virendra Tripathi i/b Adv. Abhishekh Tripathi for appellant. It is pointed out that there is clerical mistake in the date of order mentioned in Roznama dt.19.12.2019.
Gone through the impugned order as well as Roznama dt.19.12.2019, it appears that date of order is 30.11.2019, however by mistake clerk typed it as 13.11.2009 instead of 30.11.2019, therefore same is required to be corrected.
Hence the Roznama dtd.19.12.2019, the date of order be read as 30.11.2019 instead of 13.11.2009.
Already adjourned to 23.01.2020 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: CORAM HIS HONOUR 2ND ADDITIONAL PRINCIPAL JUDGE, SHRI A. N. KARMARKAR (C.R. NO. 54)
(Matter pertains to C.R. No. 19)
Adv. Abhishek L. Tripathi for appellant present.
Adv. A. V. Diwate for respondent/MCGM present.
Adjd to 26.02.2020 for R and P.
Earlier order if any, to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Abhishek Tripathi for appellant is present.
Adv. A. V. Diwate for respondent is resent and filed original R and P.
Copy of R and P served to other side.
Adjourned to 30.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Business: adjourned
Next Purpose: HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: None present for the appellant.
Adv. A.V. Divate for the respondent/BMC present.
Due to Covid-19, adjourned to 13/10/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 05.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Adjourned to 07.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC present.
Adjourned to 08.01.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for appellant.
Adv. A. V. Diwate for respondent is present.
Appellant to ensure that the mater would argue on next date positively. Adjourned to 16.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Abhishekh Tripathi for appellant is present.
Adv. A. V. Diwate for respondent/BMC is present.
Ld. counsel for appellant submits that the appellant has taken away papers from him and he has no instruction. By way of last opportunity, since appellant is not present matter is adjourned to 03.03.2021 for Hearing.
It is made clear that if the matter is not argued on next date appropriate orders would be passed.
Next Purpose: HEARING
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Virendra Tripathi h/f Adv. Abhishekh Tripathi for appellant is present.
Adv. A. V. Diwate for respondent/BMC is present.
Ld. advocate for appellant again seeks time on the ground that appellant is unwell. Infact in view of statement made by the Ld. advocate for last date, I doubt whether he could continue to represent the appellant, in any case, by way of last opportunity, matter adjourned to 23.03.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Virendra Tripathi h/f Adv. Abhishek Tripathi for appellant is present and files draft chamber summons for carry out amendment in appeal memo as per schedule annexed.
Adv. A. V. Diwate for respondent/BMC is present.
Heard both the sides on chamber summons.
F.R.S.R. Following order is passed.
ORDER
1. Unregistered Chamber Summons is made absolute in terms of prayer clause (a).
2. Chamber Summons be registered for statistical purposes.
3. The amendment be carried out today itself.
4. Re-verification is dispensed with.
5. The appellant to argue the matter positively on the next date i.e. 30.03.2021.
Adjourned to 30.03.2021 for Hearing.
L.O.
Adv. Virendra Tripathi for appellant is present and tenders registered chamber summons No.646 of 2021.
Advocate for appellant requests time to carry out amendment till tomorrow i.e. 24.03.2021. Time is granted.
Next Purpose: HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for appellant.
Adv. A. V. Diwate for respondent is present.
Since nobody appears for appellant, matter adjourned to 23.04.2021 for Hearing.
L.O.
Adv. Virendra Tripathi for appellant is present.
Next Purpose: HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None present for appellant.
Adv. Ms. Vyavhare h/f Adv. A. V. Diwate for respondent/BMC is present.
Due to COVID-19, matter adjourned to 17.06.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for the appellant.
Adv. Ms. Ruhi Hajare for Respondent/BMC present.
At the request of Ld. Counsel for the respondent, adjourned to 08.07.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for appellant.
Adv Ms. R. M. Hajare for respondent present.
Due to Covid-19 Adjd to 06.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: None present for appellant.
Adv. Ruhi Hajare for respondent/BMC is present.
Since nobody appears for appellant, by way of last opportunity adjourned to 03.09.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for appellant.
Adv. Ruhi Hajare for respondent/BMC is present.
Mr. R. G. Kashte, Sr. Rent Inspector for respondent/BMC is present.
Since nobody appears for appellant, matter adjourned for order of dismissal.
Adjourned to 23.09.2021 for Order of Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Ld. counsel for the appellant places on record copy of order passed by the Honble High Court in Writ Petition Stamp No.7131 of 2021 alongwith Writ Petition Stamp No.7133 of 2021 wherein the question of interim relief was directed to be decided within three weeks. The said period of three weeks has expired long back and the order of the Honble High Court is brought to the notice of this court only today. Perusal of Roznama of the matter would reveal that on several occasions even after resuming of regular functioning of court nobody appeared for appellant on 06.08.2021 and matter was adjourned by way of last opportunity to 03.09.2021 and on 03.09.2021 since nobody appeared for appellant matter was adjourned for order of dismissal. Ld. counsel for the appellant on being asked to argue the matter finally seeks short accommodation. It is made clear that although time is granted, if the matter is not argued finally on next date appropriate order would be passed. Interim order to continue till next date.
Adjourned to 29.09.2021 for Final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Virendra Tripathi h/f Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Mr. Ravindra Bhuwad, Senior Estate Inspector, Ward-R/South for respondent/BMC is present.
Ld. counsel for appellant submits that the advocate who is to argue the matter is held up before the Honble High Court and requests the matter to be taken in second sessions.
Kept back.
L.O.
Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Mr. Ravindra Bhuwad, Senior Estate Inspector, Ward-R/South for respondent/BMC is present.
Heard arguments of Ld. counsel for appellant.
Ld. counsel for respondent submits after advancing some arguments that she requires time. Time is granted in the meanwhile appellant may submit his brief submissions.
Adjourned to 05.10.2021 for Further Arguments.
Interim relief, if any to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Jaganathan V. h/f Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
As the court is busy in urgent administrative work, matter is adjourned to 06.10.2021 for Further Arguments of Respondent.
Interim relief, if any to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent is present.
Mr. Ravindra Pandurang Bhuwad, Estate Inspector R/South for respondent is present.
Letter received from the Honble High Court in Civil Writ Petition(St.) No.7131 of 2021 with Writ Petition (St.) No.7133 of 2021 vide D.D.(W.P.) No.C111172526/2021 dt. 28.09.2021 alongwith copy of order dt.23.03.2021 passed as follows -
Dated 23rd March, 2021
P.C.
3. I find that there was an interim order granted on 19/12/2019. The application for stay is still pending. In the interest of justice, the trial Court is requested to decide the question of grant of ad-interim/interim relief or otherwise within a period of 3 weeks from today. Till then, the impugned order not to be executed.
Note is taken in the Roznama and compliance is most humbly submitted to the Honble High Court.
Ld. counsel for respondent seeks time to particularly satisfy as to whether the premises in question are Corporation Premises within the meaning of 105 of BMC Act. Hence matter is adjourned to 27.10.2021 for arguments of respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present.
Ld. counsel for respondent submits that he would file a compilation and judgment on next date to show that the subject premises are Corporation Premises.
Adjourned to 20.11.2021 for Compliance and Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Abhishek Tripathi for appellant is present.
None present for respondent.
Adjourned to 06.12.2021 for Compliance and Arguments.
Earlier order, if any, to continue till next date.
L.O.
Adv. Sachin Agawane for respondent/BMC is present.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present.
By consent, adjourned to 07.01.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Viren Tripathi h/f Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Ld. advocate of the appellant is absent. Junior advocate of appellant submitted that he is out of Mumbai. Hence adjourned on 04.02.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Viren Tripathi for appellant is present.
Adv. Ruhi Hajare a/w Adv. Som Sinha for respondent/MCGM is present.
Ld. Adv. for the appellant requested time as Sr. Counsel is busy in the Hon’ble High Court. Hence, adjourned.
Earlier order, if any, to continue till next date.
Adjd to 3.3.2022 for arguments.
LO
Adv. Abhishek Tripathi for appellant present.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Akshita Kohli h/f Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present.
Ld. advocate for the appellant present. She requested time as senior counsel is busy in the Honble High Court. Appeal is of 2019. On last two occasions appeal is adjourned on the same ground. Last opportunity is given to the appeal advocate. Failure on the next date necessary orders will be passed.
Adjourned on 22.03.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. A. T. WANKHEDE (C.R. No.57)
(Matter pertains to C.R. No.19)
Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present.
Adjourned on 11.04.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present and files compilation of documents. It is taken on record.
Matter is fixed for argument. Ld. Adv. for the appellant submitted that he wants to file on record events and dates in a written form. Other side has urgency. Appellant has to file on record compliance which is already directed to comply. Hence matter is adjourned on 21.04.2022 for Compliance and Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Jagmohan V. i/b Adv. Abhishesk Tripathi for appellant is present.
Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC is present.
Appellant files list of dates and events. List is taken on record and marked as Exh.3.
Ld. advocate of the appellant Mr. Tripathi is absent. Adv. Som Sinha appearing on behalf of BMC. Last Roznama itself shows that appellant was directed to file on record compliance and matter is fixed for hearing since long. Today also no compliance is made by the appellant. Other side has urgency., Last chance is granted to comply. Appellant has filed dates and events in the present appeal.
Adjourned to 09.06.2022 for Compliance and Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. A. M. PATIL (C.R. No.57)
(Matter pertains to C.R. No.19)
Adv. Abhishek Tripathi for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 04.07.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Abhishekh Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present.
Appellant seeks time for arguments. Time granted.
Adjourned on 26.07.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Virendra Tripathi h/f Adv. L. K. Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC present.
KB
L.O. at 01.00pm.
Adv. L. K. Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC present.
The appellant has requested for grant of time as advocate on record is held up before the Hon\''ble High Court. Time granted as last chance.
Adjourned on 04.08.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Abhishek Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC present.
Adjourned on 20.08.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Virendra Tripathi h/f Adv. Abhishek Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC present.
Adjourned on 05.09.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. R. N. ROKADE (C.R. No.54)
(Matter pertains to C.R. No.19)
Adv. Abhishek Tripathi for appellant present.
Adv. Vidya Vyavhare for respondent/BMC present.
Adjourned on 30.09.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Abhishekh Tripathi for appellant present.
Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC present.
Adjourned on 07.11.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhishekh Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC present.
Adjourned on 29.11.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhishekh Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC present.
At the request of appellant, matter is adjourned on 14.12.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. R. N. ROKADE (C.R. NO.54)
(Matter pertains to C.R. No.19)
Adv. Bharat Tiwari h/f Adv. Abhishek Tripathi for appellant present.
None present for respondent.
Adjourned on 24.01.2023 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha a/w Adv. Gajanan Giri for respondent/BMC present.
Smt. Pratibha Sankhe, Estate Officer of P to R Ward for BMC present.
Matter is fixed on 15th. No further adjournments will be given.
Adjourned on 15.02.2023 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: CORAM - HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE,
SHRI. R.N. ROKADE (C.R. NO.54)
(Matter pertains to CR No.19.)
Adv. L. K. Tripathi a/w Adv. Bharat Tiwari h/f Adv. Abhishek Tripathi for appellant is present.
Adv. Pratik Shetty i/b Adv. Som Sinha for respondent is present.
Smt. Pratibha Arvind Sankhe, Estate Officer, P to R Ward for BMC present.
By consent, adjourned on 20.03.2023 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhishekh Tripathi for appellant is present.
Adv. Som Sinha a/w Adv. Pratik Shetty and Adv. Gajanan Giri for respondent/BMC is present.
Heard final arguments of Adv. Tripathi for appellant and Adv. Sinha for respondent.
Also heard reply arguments.
Adjourned on 27.03.2023 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: CORAM - HIS HONOUR THE I/C PRINCIPAL JUDGE,
SHRI. R. N. ROKADE (C.R. NO.54)
(Matter pertains to C. R. No.19)
Adv. Abhishek Tripathi for appellant is present.
Adv. Som Sinha for respondent/BMC is present.
Presiding officer has gone to Ahmedabad, Gujarat to attend West Zone-II Regional conference, hence adjourned on 30.03.2023 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Bharat Tiwari h/f Adv. Abhishek Tripathi for appellant present.
Adv. Som Sinha for respondent/BMC is present.
Judgment is pronounced in open court.
Exh. - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.169 of 2019 is dismissed.
2. Time is granted to the appellant to vacate the premises till 31/05/2023 subject to appellant filing an undertaking before this Court within 4 weeks from today that the appellant is in physical occupation of the premises and that appellant will not create any third party interest in the said property and further appellant will honour the order of the learned Enquiry Officer on its attaining finality.
3. If the above undertaking is not filed within the stipulated period, the execution can be proceeded with.
4. Record and proceedings be returned to the Respondent.
Nature Of Disposal: DISMISSED
Disposal Date: 30-03-2023