1 mss OSWP+437 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 437 OF 2011 COMET MEDIA FOUNDATION .. PETITIONER Vs. BRIHANMUMBAI MUNICIPAL CORPORATION & ANR. .. RESPONDENTS Mr. Gautam Patel i/b Deepa Bajaj for the petitioner Mr. R. S. Apte with Ms. V. S. Gharpure for BMC. CORAM: SMT. RANJANA DESAI & RAJESH G. KETKAR, JJ. DATED : 27/4/2011 P.C.: The petitioner is a Non-Governmental organization. The petitioner is aggrieved by the sealing of the premises which were stated to be in its occupation situate at Topiwala Lane, 1st floor, Municipal School, Lamington Road, Mumbai. The petitioner has received several notices, the last of which is dated 3/2/2011. By the said notice the Corporation has informed the petitioner that the building is in a dilapidated condition and likely to collapse. The notice further states that since despite notice the petitioner has 2 mss OSWP+437 not vacated the premises, they would be sealed. We are informed that accordingly sealing has been effected. 2. In our opinion, it is not possible for us to grant relief prayed for by the petitioner in our writ jurisdiction. Persons who are similarly situated have filed suits in the City Civil Court. We are informed that interim protection has been granted to the plaintiffs therein. 3. In the circumstances counsel for the petitioner states that the petitioner would also file a suit in the City Civil Court for redressal of its grievance. He states that the suit will be filed within a period of six weeks from today. In view of this statement the Corporation shall not take any coercive steps against the petitioner for a period of six weeks. This order is passed without prejudice to the rights and contentions of the Corporation. 4. We make it clear that we have not expressed any opinion on the merits of the case and the court seized of the matter shall decide the petitioner’s suit or any application for interim relief independently and in accordance with law. 5. Petition is disposed of as aforesaid. (SMT. RANJANA DESAI, J.) (RAJESH G. KETKAR, J.)