1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1068 OF 2009 Earth Sampann Co-operative Housing Society Ltd. & anr. ... Appellants v/s Bombay Municipal Corporation. ... Respondent Mr.A.C.Singh i/by Mr.D.R.Shah for the appellants. Mr.J.J.Xavier for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 7TH SEPTEMBER, 2009 P.C.: 1. The learned advocate for the appellant seeks leave to withdraw the appeal and to pursue the application made for regularization of the suit structure. It appears that the appellant has already been issued a notice on 1.9.2009 requiring it to produce certain documents before the Corporation. The learned advocate states that he will pursue that remedy available to the appellant and submits that in case any adverse order is passed, no a ction be taken 2 against the appellant for a period of two weeks after the order is communicated to the appellant. 2. Appeal allowed to be withdrawn and stands dismissed as such. 3. In the event the Corporation passes any order which is adverse to the appellant, the same will not be acted for a period of two weeks from the date of communication of the order. 4. In view of dismissal of the appeal, Civil Application No. 3073 of 2009 becomes infructuous and stands dismissed. ..... 3