: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7309 OF 2006 Sanjay Kanaiyalal Gupta ....Petitioner. V/s The Municipal Corporation of Greater Mumbai & Anr. ....Respondents. ---- Mr. C.K. Tripathi for the Petitioner. Mr. N.J. Ratnam for Respondent No.2. ---- CORAM; S.J. VAZIFDAR, J. DATE : 22nd January, 2007 P.C.: 1. Rule. 2. Rule is returnable and heard forthwith. 3. It appears that the Petitioner did not have an opportunity of filing an affidavit in reply in view of the application for advancing the date of hearing of the Chamber Summons having been made on the same date and the impugned order also having been passed on the same date. 4. In the circumstances, by consent, the impugned order is set aside. The affidavit-in-reply dated 3rd August, 2006 shall be taken on record. The Respondents : 2 : shall be entitled to file a rejoinder if necessary. Chamber Summons shall be heard afresh. 5. It is clarified that this order ought not to be construed as a reflection on the merits of the application in any manner. Rule is accordingly made absolute. Needless to add that the amendment carried out pursuant to the impugned order shall also stand set aside.