-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 1413 OF 2008 ALONG WITH CHAMBER SUMMON NO. _______ OF 2008 M/s. Firoz & Co. ).. Petitioner Versus The Board of Trustees of Port of Bombay & others).. Respondents Mr. A.Y. Bookwala a/w Ms.Saumya Srikrishna i/b.M/s.D.Liladhar & Co. for the Petitioner. Mr. U.J. Makhija for Respondent No.1. Mr. Cyrus Ardeshir i/b. R.K. M. Legal Service for Fisheries Pre- Processors & Processors Charitable Trust-Intervenor No.1. Mr. Kunal A.Kothari i/b. Uma S. Fadia for Sasson Dock Sea Food Suppliers Association-Intervenor No.2. CORAM: SWATANTER KUMAR, C.J. & V.M . KANADE, J. DATE: 6TH JUNE 2008. P.C. During the hearing of this Writ Petition, the learned Counsel appearing for the respective parties commonly concede that the Writ Petition would be disposed of at this stage itself subject to the following -2- agreed terms :- (a) The learned Judge of the City Civil Court be requested to deal with the Appeal filed by the present Petitioner expeditiously and preferably within a fixed frame of time. (b) The Petitioner may be permitted to remove certain machinery or infra-structure from the premises in question to ensure there is no danger to public life. (c) The parties to this Writ Petition are agreeable that both these directions could be treated as order of the Court and Writ Petition be accordingly disposed of. 2. The above directions, which are otherwise just, fair and equitable, we dispose of this Writ Petition and request the Hon'ble City Civil Court to deal with the matter expeditiously. The Petitioner would be at liberty to remove its machinery or infra-structure from the premises in question within two weeks from today for which the Respondents shall fully co-operate. 3. The two Chamber Summons have been filed in Court today. -3- Taken on record. Registry to number the same. In view of the above order, no order need be made on these Chamber Summons which are accordingly disposed of. 4. Parties to act on an ordinary copy of this order duly signed by the Associate of the Court. CHIEF JUSTICE V.M. KANADE, J.