1 9.wp-1244-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 1244 OF 2011. Narang Hotels Pvt. Ltd. ..Petitioner. vs. Municipal Corporation of Greater Mumbai. ..Respondents. .... Mr. D.D. Madon, Senior Counsel, a/w. Ms. S.M. Associates, for Petitioner. Mr. A.Y. Sakhare, Senior Counsel, a/w. Ms. T. Purohit, for Respondents-BMC. .... CORAM : S.J. KATHAWALLA, J. DATE : 1ST AUGUST 2011. P.C. : By this Writ Petition, the Petitioners have impugned the order dated 8th February 2010 passed by the Respondent No.1 rejecting the request of the Petitioner to renew the license of Lodging and Eating House of the Petitioner for the year 2010. 2. Admittedly, the order passed by the Corporation is appealable under section 394 of the Mumbai Municipal Corporation Act before the Small Causes Court, Mumbai. However, the Petitioner has not filed any Appeal impugning the said order but have filed the present Writ Petition in this Court, after almost one year from the date of passing of the impugned order. 3. However, Shri Sakhare, learned Senior Advocate appearing for the Corporation submits on behalf of the Corporation that in the event of the Petitioner filing an Appeal before the Small Causes Court, impugning the order dated 8th February 2010, the Corporation shall not contend that the Appeal is filed beyond the prescribed 2 9.wp-1244-11 period of sixty days and therefore not maintainable. In view thereof, the following order is passed : (i) The Petitioner may file an Appeal before the Small Causes Court, Mumbai, impugning the order of the Corporation dated 8th February 2010. (ii) In the event of an Appeal being filed by the Petitioner, the Corporation shall not contend that the Appeal is filed beyond the prescribed period of 60 days after passing of the impugned order and the Small Causes Court, Mumbai, shall decide the matter on its own merits. (iii) In the event of any Application filed by the Petitioner in the Appeal seeking interim reliefs, the same shall be disposed of on its own merits by the Small Causes Court, Mumbai, within a period of three weeks from the date of filing. 4. The Writ Petition is accordingly disposed of, with no order as to costs. [ S.J. KATHAWALLA, J. ]