IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE FIRST APPEAL (ST) NO. 32327 OF 2004 FIRST APPEAL (ST) NO. 32327 OF 2004 FIRST APPEAL (ST) NO. 32327 OF 2004 WITH WITH WITH CIVIL APPLICATION NO. 449 OF 2004 CIVIL APPLICATION NO. 449 OF 2004 CIVIL APPLICATION NO. 449 OF 2004 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- Smt. Geeta Shastri i/by Khilnani & Co. for the appellant. Shri A.J. Bhor for the respondents. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 21ST DEC., 2004 DATED: 21ST DEC., 2004 DATED: 21ST DEC., 2004 P.C.: P.C.: P.C.: 1. Heard advocate for the appellant. Advocate for the respondent appears and waives service. 2. The plaintiff’s suit for injunction is dismissed and interim injunction order dated 28.10.1993 came to be effected. The application filed by the defendant Corporation was allowed with observation that the lower Court, for the reasons recorded, was not in a position to decide the application and, therefore, the application submitted by the defendant Corporation was allowed and the plaintiff was directed to approach the Committee constituted by the Apex Court with regard hawkers’ problems. Hence, it is hereby directed that the plaintiff appellant shall approach the Committee constituted by the Apex Court by way of an application with supporting document, if any, within two weeks from the date of this order and thereafter the Committee shall adjudicate the application on merits within three months from the date of receipt of the application of the plaintiff. It is clarified that the plaintiff shall not be disturbed from the suit property till he approaches the Committee by proper procedure and thereafter it will be for the Committee to look into the merits and give protection to the applicant pending application, according to the rules governing the Committee’s procedure. With this observation, the appeal stands disposed of with no order as to costs. Consequently, the civil application also stands disposed of with no order as to costs. ..... IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO. OF 2004 CIVIL APPLICATION NO. OF 2004 CIVIL APPLICATION NO. OF 2004 IN IN IN FIRST APPEAL NO. OF 2004 FIRST APPEAL NO. OF 2004 FIRST APPEAL NO. OF 2004 ----------------------------------------------------------------------------- Office Notes, Office Memoranda of of Coram, appearances, Court’s orders and Registrar’s orders : Court’s or Judge’s orders ---------------------------------------------------------------------------- CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 21ST DEC., 2004 DATED: 21ST DEC., 2004 DATED: 21ST DEC., 2004 P.C.: P.C.: P.C.: 1. Heard advocate for the appellant 2. In view of the facts and circumstances, the application is made absolute in terms of prayer clause