IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 149 OF 2005 CIVIL APPLICATION NO. 149 OF 2005 CIVIL APPLICATION NO. 149 OF 2005 IN IN IN SECOND APPEAL NO. 613 OF 2002 SECOND APPEAL NO. 613 OF 2002 SECOND APPEAL NO. 613 OF 2002 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- Ms. Suhasini Mutalik for the applicant. Ms. Suman Jain for Resp.Nos. 1 & 2. Mr. R.G.Ketkar for Resp.Nos. 3 & 4. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 P.C.: P.C.: P.C.: 1. Heard learned counsel for all the concerned parties. Perused the record. 2. This is an application seeking restrainment of the respondents from acting in furtherance of the notice dated 20.1.2005 and from removing the shutter of the suit premises. 3. I have also perused the entire record including the orders passed by both the Courts below as well as the order dated 1.9.2004 in Civil Application No. 869 of 2002 passed by this Court while disposing of that application. 4. On hearing both parties and perusing the record, it is apparent that the issue involved is emergent and, therefore, requires expedited consideration of this Court. Hence, hearing of the appeal is expedited and parties are directed to file compilation. Printing dispensed with. 5. In the meantime, all the concerned parties shall maintain status-quo with regard to the suit property as on today. The appeal is fixed for hearing in the first week of October, 2005 at 2.45 p.m. 6. It is clarified that the applicant shall be entitled to close the premises in any other means since the shutter of the premises is already cut off. 7. It is submitted at this stage that the business is being conducted by the applicant without any licence. In that regard, it is observed that, if at all the applicant makes application to the Corporation for temporary/permanent licence to run the business in the premises, the Corporation shall be at liberty to decide and dispose of the same on merits. With these directions, the application stands disposed of. .....