Final Order 1

Order Details: Order
Pdf Text: Daily Status
IN THE COURT OF :Judge, Assistant Sessions Judge
Case No. :Notice of Motion/0203630/2019
Mr. Shakil Ahmed Nisar Ahmed Khan Vs MCGM
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.
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