FARAD CONTINUTION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.No.240 of 2006 with C.A.No.309 of 2006 -------------------------------------------------- Office Notes,Office Court or Judge’s Order Memorandum of Coram appearence,Court’s Orders & Directions and Registrar’s Order --------------------------------------------------- Mr.A.Y.Sakhare Sr Adv with Bipin Joshi for appellant Mr Malandkar for BMC CORAM; A.M.KHANWILKAR J. CORAM; A.M.KHANWILKAR J. CORAM; A.M.KHANWILKAR J. DATED l3.4.2006 DATED l3.4.2006 DATED l3.4.2006 P.C. P.C. P.C. l. Heard parties. Admit. Mr. Malandkar waives service for respondents. As short question is involved the appeal is taken up forthwith for final disposal by consent. 2. This appeal takes exception to the order passed by the City Civil Court Bombay dated 28.3.2006 in draft notice of motion taken out in S.C.Suit No.l402 of 2006 refusing to grant ad-interim relief during the pendency of the said notice of motion. The court below has observed that from the facts on record it is obvious that there was no sanction in favour of the appellant to carry out construction work which is the offending structure referred to in the suit notice under section 35l of the Act. There is no dispute that the appellant has submitted amended plan to the corporation for approval. However, no orders have been passed on the said proposal. As presently the process of erecting the structure is completed, instead of considering the proposal for amendment of the plan the appellant is willing to submit a proposal to the corporation for regularisation of the offending structure, as according to the appellant there is ample FSI available to the appellant to erect even an additional structure. In the circumstances the appellant is allowed to submit the proposal for regularisation of the offending structure. That be done within four weeks from today. The proposal to be submitted in the prescribed manner through a recognised architect to the Executive Engineer, (Building Proposals) Eastern Suburb. If such a proposal is submitted in time, appropriate orders be passed thereon by the concerned authority within 4 weeks from the date of receipt of such proposal. Till the final decision on the regularisation proposal by the appropriate authority, the corporation shall not precipitate the matter with regard to the offending structure referred to in the suit notice. However,if the regularisation proposal is not submitted in time in the prescribed manner, it will be open for the corporation to proceed against the offending structure in accordance with law on expiry of 4 weeks from today. All questions relevant for deciding the proposal for regularisation are left open to be decided on its own merits. If the proposal for regularisation is accepted by the appropriate authority, nothing will survive for consideration in the suit as filed before the trial court.The appellant, in that event will withdraw the suit pending before the trial court, as assured through its counsel across the Bar. That assurance is accepted. If the suit is not withdrawn by the appellant after the favourable order on regularisation, it will be open to the corporation to move the trial court for disposal of the suit as infructuous. 3. It is made clear that if the adverse order is passed on regularisation proposal, the corporation will not precipitate the matter for 2 weeks after service of such order on the appellant to enable it to challenge the same before appropriate forum. Appeal as well as civil application are disposed of.