:1: 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 APPEAL FROM ORDER NO.846 OF 2007 APPEAL FROM ORDER NO.846 OF 2007 APPEAL FROM ORDER NO.846 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.1171 OF 2007 CIVIL APPLICATION NO.1171 OF 2007 CIVIL APPLICATION NO.1171 OF 2007 Deepak Premjibhai Soni ...Appellant. v. Municipal Corporation of Gr.Mumbai & Anr....Respondents. Mr.Arif Bookwala a/w Mr.Rajendra R. Mishra , advs. for the Appellant. Mr.R.M.Nakhwa a/w Shri Vasant Dhawan , advs. for the Respondent No.2. Mrs.Geeta Joglekar for BMC. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 7th February, 2008. DATE: 7th February, 2008. DATE: 7th February, 2008. P.C. P.C. P.C. 1. The learned counsel for the plaintiff/appellant makes a statement that the plaintiff/appellant does not want to carry on business/factory of goldsmith and that he has already stopped his business. However, he wants that the occupation certificate should be obtained by the respondent no.2/builder. 2. The learned counsel for the respondent no.2 makes a statement that the respondent no.2 has already submitted an application to the respondent no.1 Municipal Corporation for grant of occupation certificate and it is pending for a long time because certain objections are taken by the Municipal :2: Corporation. After some discussion, the appellant is allowed to withdraw the appeal and the appeal stands disposed off as withdrawn with following directions: i. The respondent no.2 shall submit all the relevant documents, plans with the respondent no.1 within two weeks from this day and the respondent no.1 shall decide the matter within eight weeks thereafter. The Municipal Corporation may make inspection of the suit premises and if it is found that the certain violations or changes have been made in violation of the original plan, it may give directions for restoration of the property to the original condition and the concerned party should carry out such restoration work within four weeks after the direction. If the plaintiff wants to carry out any business in the suit premises other than banking or clinic, he will have to seek change of user of the premises from the concerned authorities as per the rules. 2. The plaintiff is allowed to withdraw the suit, which is pending before the trial Court. In view of this, the civil application does not survive and stands disposed off accordingly. :3: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)