IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 12 OF 2007 NOTICE OF MOTION NO. 12 OF 2007 NOTICE OF MOTION NO. 12 OF 2007 IN IN IN WRIT WRIT WRIT PETITION NO. 3270 OF 2004 PETITION NO. 3270 OF 2004 PETITION NO. 3270 OF 2004 Mittal Court Premises Co-operative Society Ltd. ... Petitioner. V/s. Municipal Municipal Corporation and others. ... Respondents. Pankaj Sutar i/b. Khaitan & Jayakar for the petitioner. K.K.Sanghvi, senior counsel with Ms.A.R.Joshi for the respondents. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 6th March 2007. DATED: 6th March 2007. DATED: 6th March 2007. P.C.: P.C.: P.C.: . Heard learned counsel for the rival parties. 2. The respondent- corporation has taken out this notice of motion seeking vacation of the interim order dated 23rd December, 2004. Affidavit in support of notice of motion is filed on record. In spite of service of notice of motion, the petitioner has not filed any counter affidavit opposing the same. 3. Yesterday, when this matter was called out, learned counsel appearing for the petitioner had sought time to take instruction from his clients, with the result, matter was adjourned for one day. Today, when the matter is called out, Mr.Sutar, learned counsel for the petitioner makes a statement that the petitioner has no objection in making this notice of motion absolute in terms of prayer clause (a). 4. In view of the above, notice if motion is made absolute in terms of prayer clause (a) with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)