Date: 20-11-2019
Business: 18-11-2019 CORAM - HH ADDL. DIST J SHRI. L. S. CHAVAN (C.R.14)
SU 2745/19
Adv. Kharat for plaintiff present.
Adv. Sardar for MCGM present. Order on draft notice of motion - The plaintiff by challenging the notice u/s 354(A) of MMC Act sought the relief of declaration and perpetual injunction. The learned advocate for plaintiff submitted that after receipt of notice, the plaintiff has filed reply to the notice alongwith documents. But, designated officer has not considered the reply and documents. Hence, requested for issuing direction to the defendant/MCGM to consider the reply and pass appropriate order till then requested for granting protection to the suit premises. The Sub-Engineer of the MCGM Praveen Parghadi present and made statement that he will consider the reply and documents filed by plaintiff and pass the order. He being an authorised officer of the defendant/MCGM. His statement is recorded and accepted. In view of statement given by the officer of the defendant/MCGM it would be proper to direct the defendant/MCGM to consider the reply and document filed by plaintiff and pass the order within four weeks. Till then no coercive action to be taken against the suit premises and thereafter if the order goes adverse to the plaintiff then for one week. In view of the said direction given to the defendant/MCGM, there is no proprietary to continue the draft notice of motion. The plaintiff also directed not to carry further construction. Hence, draft notice of motion stand disposed off. It be registered for statistical purpose.
Matter adjd for writ of summons on 14/01/2020.
Nature Of Disposal: DISPOSED OF OTHERWISE
Disposal Date: 20-11-2019
