Final Order 1

Order Details: Other
Pdf Text: Dt. 10.02.2021 CORAM : H.H.J. SHRI. U. J. MORE ( CR. NO. 08)
SU-2623/16
(HCTB)
Adv. Mr. M. A. Holamagi for plaintiff present.
Adv. Mr. Parshurame with Adv. Mr. Khandagle for deft/MCGM
present.
Officer Mr. Sachin Ghewade, A-E (Market), M/Ward, MCGM present.
None for applicant in NM No. 4041/19.
F.R.S.R. following order is passed on NM No.3209/16 :-
ORDER
1. Notice of Motion No. 3209 of 2016 in terms of prayer clause
(a) and (b) are rejected being devoid of merits.
2) Notice of Motion No. 3209 of 2016 is disposed of
accordingly.
3) No order as to cost.
F.R.S.R. following order is passed on NM No.1529/17 :-
ORDER
1) Prayer (a) of Notice of Motion No.1529 of 2017 is allowed, in
view of the oral submission made by officer that,
defendant Corporation is ready to renew the licenses issued
to the members of the plaintiffs Association to conduct their
businesses.
2) Prayer (b) of Notice of Motion 1529 of 2017 is rejected.
3) Defendant Corporation shall comply within One Month by
renewing licenses of the members of the plaintiffs
Association without imposing any fine or late fee and
submit report accordingly.
4) No order as to cost.
5) Notice of Motion No. 1529 of 2017 is disposed of
accordingly.
It is submitted by Adv. Holamagi that he wants to challenge the
order passed in NM No. 3209/16 before Hon'ble High Court. He
needs eight weeks time for protection to the Suit premises in order
to challenge before Hon'ble High Court.
Adv. Parshurame for deft/MCGM has submitted that he has
strong objection for eight weeks time at the most two weeks time
may be granted.
Heard both sides.
The Notice of Motion is rejected on merit but fair opportunity
shall be given to the plaintiff to challenge the order of this Court
before Hon'ble High Court. Hence three weeks time may be granted.
Hence Order :-
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ORDER
1) Deft/Corporation shall not take any coercive action against
suit premises for next three weeks from today.
2) Three week's protection is granted to the plaintiff to
challenge this order before Hon'ble High Court.
3) No further extension will be granted to the plaintiff.
Notice of Motion No.1444/20 is not pressed by deft/MCGM.
Advocate for deft/MCGM has given endorsement on NM No.1444/20
accordingly.
Hence Order :-
Order on NM No.1444/20 :-
Notice of Motion No. 1444/20 stands disposed off as not
pressed by deft/MCGM.
Notice of Motion No. 4041/19 is pending which is filed by
Baman Dev Koli Mase Vikreta Seva Sangh (applicant). Hon'ble High
Court has specifically directed in AO (ST) No. 26336/19 that locus of
this Baman Dev Koli Mase Vikreta Seva Sangh kept open by Hon'ble
High Court. But none from the intervenor present till today. It seems
that intervenor does not have any interest in the Notice of Motion.
Hence Order:-
Order on NM No.4041/19 -
Notice of Motion No. 4041/19 is dismissed in default.
Authenticated copies be given to the both parties.
Matter adjd to 26/03/2021 for Written Statement.
Judge
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