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Bombay High CourtAO/726/2024allowed to be withdrawn

Anant Vishnu Bidwadkar v. Municipal Corporation Of Greater Mumbai

2024-10-17Hon'Ble Shri Justice Shyam C. Chandak2 pages

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2024.10.24 16:04:33 +0530 HEMANT CHANDERSEN SHIV H.C. SHIV 905.ao726.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.726 OF 2024 WITH INTERIM APPLICATION NO.13918 OF 2024 Anant Vishnu Bidwadkar ...Appellant vs.

Municipal Corporation of Greater Mumbai

...Respondent

Mr. C. K. Tripathi for the Appellant.

Ms. Seena Rawade for the Respondent-Corporation. Mr. Siddhanth Rajaram Sonawane A.E. (B & F) F/South Ward. CORAM : SHYAM C. CHANDAK, J.

DATED : 17th OCTOBER, 2024 P. C. :

.

Heard learned Counsel for the parties.

2) Learned Counsel for the Appellant states that the Appellant has in his possession a notice dated 27th July 1961, which indicates that the subject notice structure is of prior to 1962. If the Respondent allows the Appellant to file a fresh reply to the impugned notice under Section 351 enclosing said notice dated 27th July 1961, re-open an inquiry and pass a fresh speaking Order, then he would withdraw the Appeal.

2) Learned Counsel for the Respondent, on instructions, submits that the concerned officer of the Respondent may be directed to consider the matter afresh, to complete inquiry and pass a fresh speaking Order in a time bound manner. As a result the Appeal 1/2

H.C. SHIV 905.ao726.24.doc deserves to be disposed of with necessary directions, accordingly. Hence, following Order :-

ORDER

(i) Appeal is disposed of.

(ii) The Appellant is permitted to file additional reply enclosing the alleged notice dated 27th July 1961, within two weeks from today. Thereafter, the Respondent-Corporation shall re-open the enquiry, grant an opportunity of hearing to the Appellant and pass a fresh speaking order within one month.

(iii) It is made clear that genuineness of the said notice dated 27th July 1961, and its contents is subject to satisfaction of the Enquiry Officer concerned.

(iii) Interim stay granted earlier vide order dated 27th September, 2024 by the trial Court, shall continue to operate until passing of fresh speaking order and three weeks thereafter, if the speaking order is adverse to the Appellants.

(iv) It is made clear that there shall be no unauthorised change in the suit/subject notice structure in any manner. [SHYAM C. CHANDAK, J.] 2/2