ash 1 fa-1955.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1955 OF 2008 M/s. Creative Hotels Pvt. Ltd. .. Appellant Vs The Municipal Corporation of Greater Bombay. .. Respondent -- Shri Anil Singh i/by Shri D.R. Shah for the Appellant. Shri Vinod Mahadik for the Respondent-BMC. -- CORAM ; A.S. OKA, J DATED : 9TH SEPTEMBER, 2011 P.C. . Heard learned counsel appearing for the Appellant. The Appellant is the original Plaintiff. The challenge in the suit was to the notice under Section 53(1) of the Maharashtra Regional Town and Planning Act, 1966. The Trial Court has dismissed the suit by recording the findings on merits as well as on the ground that the suit is barred in view of Section 149 of the said Act of 1966. The learned counsel appearing for the Appellants on instructions of the Company Secretary of the Appellant states that the Appellant has accepted the finding as regards the bar of the suit. He, therefore, seeks permission to withdraw the Appeal with liberty to adopt appropriate proceedings. 2. The Trial Court has held that the suit is not maintainable and is barred by Section 149 of the said Act of 1966. As the said finding has been ash 2 fa-1955.08 accepted, it is obvious that the finding recorded by the learned Trial Judge on merits will not come in the way of the Appellant in adopting the appropriate proceedings as the said finding has been recorded in the suit which is not maintainable and which is specifically barred under Section 149 of the said Act of 1966. 3. Hence, the Appeal is dismissed as withdrawn with liberty to adopt appropriate proceedings. It is made clear that all the contentions of both the parties on merits of the notice under Section 53(1) of the said Act of 1966 are kept open. ( A.S. OKA, J )