1 aost9692-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER ST. NO.9692 OF 2011 ALONGWITH CIVIL APPLICATION ST. NO. 9693 OF 2011 Gangji Jevat Shah .. Appellant V/s. The Municipal Corporation of Greater Bombay .. Respondent ..... Mr. Anil Singh i/b. Mr. Atul Singh for the appellant. Mrs. K. K. Soraan for the respondent-BMC. ..... CORAM : A. S. OKA, J. DATE : APRIL 7, 2011. P.C.:- Not on board. Taken on board. 2. Heard the learned counsel appearing for the appellant (original plaintiff) and the learned counsel appearing for the respondent (original defendant). The challenge in the Appeal is to an order declining to grant ad-interim relief of temporary injunction. The challenge in the suit is to the order dated 23rd March, 2011, passed 2 aost9692-11 by the respondent Corporation under Section 351 of the Mumbai Municipal Corporation Act, 1888. The said order is passed on the basis of the show cause notice dated 30th November, 2010. 3. The learned counsel appearing for the appellant submitted that an opportunity may be granted to file a reply to the show cause notice dated 30th November, 2010 so that proper order could be pass by the respondent Corporation. The learned counsel appearing for the respondent supports the impugned order. 4. Perusal of the communication/order dated 23rd March, 2011 issued by the Assistant Commissioner of the Respondent-Corporation shows that a reply was not filed by the appellant to the show cause notice. Now the appellant has shown willingness to file a reply. 5. Considering the peculiar facts, interests of justice will be served if appellant is granted reasonable time to file a reply to the notice. 6. Hence, I pass the following order : 3 aost9692-11 :: O R D E R :: i. The order dated 23rd March, 2011 (Exhibit-D to the plaint) passed by the Assistant Commissioner of the respondent-Corporation, is set aside only for the purposes of giving an opportunity to the appellant to file a reply. ii. The appellant shall file reply to the show cause notice dated 30th November, 2010 on or before 18th April, 2011. The appellant will produce necessary documents alongwith the reply. No further time shall be granted to the appellant to file reply. If reply is filed, a fresh order shall be passed on the show cause notice. iii. If appellant fails to file reply on or before 18th April, 2011, the order dated 23rd March, 2011 (Exhibit-D to the plaint) will stand restored and it will be open for the respondent to proceed with the work of demolition. 4 aost9692-11 iv. All contentions of the parties on merits of the notice under Section 351 of the MMC Act, 1888 are kept open. v. The Appeal and L. C. Suit No. 834 of 2011 stand disposed of in terms of this order. vi. The trial Court shall pass formal order to the suit in terms of the said order. viii. Civil Application Stamp No. 9693 of 2011 does not survive and is disposed of. JUDGE