1 ao1300.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1300 of 2011 WITH Civil Application No. 170 of 2011 IN AO No. 1300/2011 Mr. Sachin S/o. Chintaman Koli ....Appellant v/s. Municipal Corporation of Greater Mumbai ....Respondent Mr. A.M. Saraogi for the appellant. Ms. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 20th December, 2011 PC: A notice came to be issued by the Respondent Corporation under Section 354 (A) of the M.M.C. Act directing stoppage of work. The notice issued by the Municipal Corporation on 12th June, 2010 is a subject matter of challenge in the L.C. Suit No. 1416/2010 presented by the appellant-original plaintiff before the City Civil Court. The application tendered by the plaintiff seeking interim protection in respect of unauthorised construction has been rejected by the trial Court. 2. It is expected of the Municipal Corporation to pass appropriate orders after extending an opportunity of hearing to the plaintiff in pursuance to notice issued under Section 354 (A) of Mumbai Municipal Corporation. 3. It is stated by the learned Counsel appearing for respondent Corporation 2 ao1300.11.sxw that no further order has been passed by the Municipal Corporation after extending an opportunity of hearing to the original plaintiff and in the absence of there being any final order, Municipal Corporation is not expected to take any adverse action against the plaintiff. The appellant shall file reply or documents, if any with the Assistant Commissioner within period of three weeks from today and the Assistant Commissioner shall pass appropriate order thereafter within a period of six weeks. It is directed to the Assistant Commissioner, G South Ward to extend an opportunity of hearing to the appellant and thereafter pass an appropriate order in pursuance to the notice issued by the Corporation on 12th June, 2010. Until appropriate order is passed by the Corporation in pursuance to notice dated 12th June, 2010, no adverse action be taken against the appellant-plaintiff. In the event of passing of any adverse order against the appellant-plaintiff, the same shall not be implemented for a period of two weeks to enable the plaintiff-appellant to approach appropriate forum. 4. In this view of the matter, this Appeal from Order stands disposed of. The Counsel appearing for appellant on instructions states that he would withdraw the suit being L.C. Suit No. 1416/2010 presented to the City Civil Court, Mumbai. (R.M.BORDE, J)