1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.671 OF 2011 WITH CIVIL APPLICATION NO.899 OF 2011 Sabira Aas Mohammed Khan ...Appellant. v. M.C.GM. & Anr. ...Respondents. Mr. A.R.Pande , adv. For the Appellant. Ms K.K.Soran, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : JUNE 28, 2011. P.C. 1 Heard the learned counsel for the parties. The appeal was preferred by the plaintiff/appellant against the refusal of ad-interim relief in a notice of motion in Suit No.1294 of 2011 challenging the notice under Section 351 and the order passed thereon. Contention of the appellant is that even though the reply was filed within 15 days, that reply was not considered and even before expiry of notice period, the concerned Assistant Municipal Commissioner had passed the order under Section 351 against him. The learned counsel for the Municipal Corporation after taking instructions from the concerned officer, who is present in the Court, concedes that the order in question was passed before the reply was submitted and also agrees that the Assistant 2 Municipal Commissioner shall now consider reply and all the documents, which may be filed within two weeks from now and shall then pass fresh order. In view of the above statement, the learned counsel for the appellant seeks to withdraw the appeal and the application as well as the suit from the trial Court. 2 Appeal and the application stand disposed off accordingly. 3 The appellant shall be at liberty to file additional reply and/or relevant documents within 15 days from this date. The Assistant Municipal Commissioner shall consider reply and the documents and pass appropriate order on the notice under Section 351. Till such order is passed, parties shall maintain status-quo. (J.H. BHATIA,J.)