FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.6732 OF 2007 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.Girish Kulkarni i/b Ms.Smita V.Barve for the petitioners. Mr.Y.S.Jahagirdar i/b D.R.Shah for respondent nos.1 and 2. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 29TH FEBRUARY, 2008 DATED: 29TH FEBRUARY, 2008 DATED: 29TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the parties. 2. Learned counsel for the parties have fairly stated that I need not record reasons for disposing of this petition and they have agreed for the following order: (a) The orders impugned in the instant petition, passed by the Maharashtra State Co-operative Court and Maharashtra State Co-operative Appellate Court, Mumbai, are set aside. It is open for the petitioners to approach the Corporation for setting aside the permission granted by the Corporation dated 28.10.2005 by which the Corporation has allowed the respondents to use the suit premises as commercial premises. If the petitioner-society approach the Corporation as aforementioned, the concerned officer of the Corporation shall consider the application filed by the society and decide it on merits in accordance with law after giving an opportunity of being heard to the parties concerned and by passing speaking order within a period of four weeks from the date of filing of the application. If the order passed by the concerned officer of the Corporation on the application filed by the society is adverse to the petitioner-society the same shall remain stayed for a period of two weeks from the date of communication of the order. It is open for the parties to adopt appropriate remedy against the order passed by the concerned officer of the Corporation. All contentions of the parties are kept open. (b) Mr.Jahagirdhar, learned senior counsel for respondent nos.1 and 2, on instructions, makes a statement that for a period of six weeks from today and if the order is adverse to the petitioner-society for further period of two weeks they shall not use the premises for commercial purpose including the purpose mentioned in the licence issued under the Bombay Shops and Establishments Act, 1948. His statement is accepted. It is needless to express that in view of this order the dispute does not survive and it stands disposed of. . With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)