1 AO-777-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 777 OF 2011 WITH CIVIL APPLICATION NO. 1032 OF 2011 IN NOTICE OF MOTION NO. 1416 OF 2011 IN L.C. SUIT NO. 1141 OF 2011 Sevenhills Healthcare (P) Ltd. ... Appellants vs. (Org. Plaintiffs) The Municipal Corporatin for Greater Mumbai. ... Respondents (Orig. Defendants) Mr Y.K.Tiwari, a/w S.K.Rai and Y.M.Naik,Advocate, for the appellant Mrs. K.K.Soraan, Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 22nd July, 2011. P.C. 1. The Appeal is preferred by the original plaintiff against refusal of ad- interim relief pending the Notice of Motion against an order passed under Section 394 of the Municipal Corporation Act. The plaintiff is running a hospital and it is alleged that in the hospital kitchen and canteen activities are carried out for the purpose of supply of food and eatables to the staff members and the patients 2 AO-777-11.sxw admitted in the hospital but for that purpose, no licence has been obtained as required under Section 394. The learned Counsel for the plaintiff/appellant points out that the application for licence is pending with the Municipal Corporation since 6.10.2010 and even before that, NOC was granted by the Mumbai Fire Brigade. He states that if that application is decided within the specified period, he would withdraw the Suit, appeal and the application. 2. The learned counsel for the Municipal Corporation makes a statement that the said application, if pending, shall be decided within four weeks from this day. In view of this statement, the learned Counsel for the plaintiff/appellant seeks to withdraw the appeal and the application. The appeal and the application stand disposed of. (J.H.BHATIA,J.)