: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1139 OF 2008 WITH CIVIL APPLICATION NO.1396 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.V.N. Kantawala i/b M/s.M.M. Legal Associates for the Appellant. Mrs.Geeta Joglekar for the Respondent - B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 14TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. The Appellant/Plaintiff’s case is that due process of law has not been followed in that no notice under Section 351 of the B.M.C. Act has been issued to the Appellant. 3. With a view not to give the Appellant any cause for grievance, the : 2 : Appeal from Order is disposed of by the following order :- i). In the event of any order having been passed pursuant to an earlier notice under Section 351 of the B.M.C. Act, a copy thereof shall be furnished to the Appellant’s advocates in the trial Court. In that event the order,if any, shall not be implemented for a period of six weeks after the service thereof upon the Appellant’s advocates in the trial Court. ii). If no order has been passed but a notice under Section 351 of the B.M.C. Act has been issued, a copy thereof shall once again to issued to the Plaintiff’s advocates in the trial Court. In that event the orders on the basis of such notice shall be passed after hearing the Appellant. The order if adverse to the Appellant, shall not be implemented for six weeks after the service thereof on the Appellant’s advocate in the trial Court. iii). Needless to add that if no notice has been issued, then the Respondent would : 3 : take action in respect of the structure only after following due process of law. iv). The parties shall appear before the Assistant Municipal Commissioner, A/East ward on 24.11.2008 at 11.00 a.m. and thereafter as directed by him. It would be open to the Respondent/A.M.C. to serve the above orders, if any, at that stage on the Appellant or its advocates. 4. The Appeal from Order and the Civil Application are accordingly disposed of. The suit before the trial Court is also accordingly disposed of.