-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 734 OF 2008 IN NOTICE OF MOTION NO. 1547 OF 2008 IN L.C.SUIT NO. 750 OF 2008 W I T H CIVIL APPLICATION NO.857 OF 2008 IN APPEAL FROM ORDER NO. 734 OF 2008 IN NOTICE OF MOTION NO. 1547 OF 2008 IN L.C.SUIT NO. 750 OF 2008 Shri. Nivrutti Daji Pawale .......Appellant Verus The Municipal Corporation of Greater Bombay ........Respondents Mr.Mohit Jadhav, adv.for appellant. Mrs.Geeta Joglekar, adv.for B.M.C./respondent. Coram: Smt.R.P.SondurBaldota, J. Dated : 6 th August, 2008. -: 2 :- P.C. : 1. The appellant has been served with notice under Section 351 of Bombay Municipal Corporation Act, in respect of unauthorised construction of mezzanine floor with ladi coba and plywood material at the ground floor of Godown No.1773, Sasoon Dock, Colaba. According to the appellant, what is being described as a mezzanine floor, is infact the first floor of the premises, which is being in use of the appellant. He contends that there was another notice served upon him dated 8th December, 2006 bearing No.A/BFI/351/4956/06-07 for unauthorized construction of mezzanine floor admeasuring 9.30 mts X 2.60 mts in ladi-coba and plywood material at first floor of the premises. After the appellant sent reply to the notice, the Assistant Municipal Commissioner by his order dated 25th January, 2001 held that the construction of mezzanine floor is an unauthorised work and directed the appellant to remove the same. Mr.Jadhav, learned counsel for the appellant makes a statement on instructions from the appellant who is present in the court, that the mezzanine floor on the first floor was removed by him after the order of the Assistant Municipal Corporation. It is to be noted here that the notice in respect of the mezzanine floor on the first floor of Godown No.1773 was issued to M/s.Krishna Sea Food, whereas, the notice in respect of the -: 3 :- mezzanine floor on the ground floor is issued to the plaintiff in his name. It is claimed by the appellant, that he carries business in the name and style of M/s.Krishna Sea Food. This fact is not stated in the plaint. The plaint also does not make reference to the notice in respect of the mezzanine floor on the first floor of the premises. Mr.Jadhav submits that, the plaintiff will amend the plaint to bring these facts on record. 2. It is also to be noted that, though the impugned notice is issued to the Managing Director, Maharashtra Fisheries Development Corporation and to the Assistant Estate Manager of Mumbai Port Trust, also, both have not been made as party defendants to the suit. Since the premises belong to the Mumbai Port Trust, which have been let out to Maharashtra Fisheries Development Corporation, their presence before the court is essential in order to determine the dispute in the suit. Mr.Jadhav states that he will make an application for joining both these persons as party defendants to the suit. 3. Since the appellant claims that the notice issued to M/s.Krishna Sea Food was infact a notice to him and he has removed the mezzanine floor on the ground floor of Godown No.1773, it is directed that the officer of the respondent will visit the first floor of Godown No.1773 in order to ascertain whether the mezzanine floor therein has been removed by the -: 4 :- appellant. The officers of the respondent are at liberty to take photographs of the first floor. With these directions, the Appeal from Order is disposed off. It is directed that the respondent shall not take any action, pursuant to the order of Assistant Municipal Commissioner dated 20th February, 2008 for a period of 4 weeks to enable the appellant to make applications for amendment of the plaint as above. Liberty to the appellant to make an fresh application for ad-interim reliefs after amendment of the plaint. 4. As the Appeal from order itself is disposed off, the Civil Application does not survive and the same is also disposed off. [Smt.R.P.SondurBaldota, J]