Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1
1. Dt:20.12.2019
NM 49382019
By precipe
Advocate Mr. Suraj Kudalkar for plaintiff is present and
filed draft NM.
Advocate Mr. Sutar for defendant/BMC is present.
Officer Mr. Naman Karaniya, Asst. Engineer, B&F, G/N
Ward present.
The Ld. Advocate on behalf of the plaintiff has submitted
that the defendant corporation yet has not passed any
speaking order. The defendant corporation likely to pass
speaking order very soon. Yet the plaintiff is not collected
concerned documents in respect of the suit premises, it
requires time to the plaintiff to collect entire documents in
respect of the suit premises. Therefore, it be directed to the
defendant corporation to not take any coercive action
against the plaintiff in respect of the suit premises after one
weeks after passing the speaking order. The plaintiff is
ready to withdraw the suit if the defendant corporation
after considering documents which will produced by the
plaintiff pass the speaking order. Officer Mr. Naman
Karaniya, Asst. Engineer, B&F, G/N Ward has submitted
that the defendant corporation will not take any action
against the plaintiff in respect of the suit premises till
passing the speaking order.
In view of submission of both the parties I think it is proper
to direct to the defendant corporation. It is hereby directed
to the defendant corporation to pass the speaking order
after considering reply and documents produced by the
plaintiff. Till one weeks after passing the speaking order
the defendant corporation shall not take any action against
the plaintiff in respect of the suit premises in pursuant of
notice issued by the defendant corporation u/s. 354A of
MMC Act dated 13.12.2019. The plaintiff shall produce
documents whatever he likes to the defendant corporation
on or before 01.01.2020. The plaintiff shall not commence
any construction till passing further order. Hence, this suit
is hereby disposed off. Draft NM is also disposed off
accordingly. NM be registered for statistical purpose.
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