Respondent agreed to withdraw a prior order and grant a hearing. Court stayed coercive action for six weeks and allowed the withdrawal and dismissal of the appeal and civil application.
Stay of coercive action for six weeks; appeal allowed to be withdrawn and dismissed; civil application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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903ao1028-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Appeal from Order NO. 1028 OF 2016 with
Civil Application No.1293 of 2016
Mr Suresh Subba Pujari ...Appellant Versus The Municipal Corporation For The City Of Greater Mumbai ...Respondent
Mr.Reddy, for the Appellant.
Mrs.M.R.Bhoir, for the Respondent
Mr.Sandeep K.Gite, Assistant Engineer ( B&F), D-Ward present.
CORAM: G.S.KULKARNI, J.
DATE : 7 DECEMBER 2016 ---
P.C.
instructions from Mr.Sandeep K. Gite, Assistant Engineer (B&F), D-Ward,
who is present in the Court states that the Municipal Corporation intends to withdraw the order dated 7 November 2016 (Exhibit 'Z' at page 119 of
the paper book) which was passed in pursuance of a show cause notice dated 22 April 2016 issued under Section 351 of the Mumbai Municipal Corporation Act. It is stated that the designated officer – Assistant Engineer (B&F), D-Ward, shall pass a fresh order after granting an opportunity of a hearing to the Appellant within a period of six weeks from today. Statement is accepted.
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903ao1028-16.odt
2 issues framed by the court
Whether to grant a period of six weeks for the respondent to withdraw a prior order and pass a fresh one after a hearing.
Whether to allow the withdrawal of the civil appeal and the pending civil application.
1 provisions across 1 enactments
Mr Suresh Subba Pujari
The Municipal Corporation For The City Of Greater Mumbai
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
