1 ao918-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.918 OF 2010 ALONGWITH CIVIL APPLICATION NO.1127 OF 2010 Asaul Securities Pvt. Ltd. .. Appellant V/s. Assistant Commissioner of Municipal Corporation of Gr. Mumbai & Ors. .. Respondents ..... Mr. K. S. Kapse i/b. Ms. Nayan Rane for the appellant. Mrs. K. K. Soraan for respondent – BMC. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011. P.C.:- On instructions of the appellant, the learned counsel appearing for the appellant seeks permission to unconditionally withdrawn suit and this Appeal as the appellant desires to apply for regularization of the suit structure. 2. Hence, I pass the following order : 2 ao918-10 :: O R D E R :: i. The Appeal and Civil Application are dismissed as unconditionally withdrawn. ii. It will be open to the appellant to apply to the appropriate Authority of the respondent corporation for regularization of the suit structure. If the said application is made within a period of eight weeks from today, the concerned Authority i.e. the Executive Engineer, building proposals, Byculla City (II) of the third respondent Municipal Corporation will decide the same within a period of 12 weeks from making the application. The application shall be made in a appropriate format. iii. If application for regularization made within a period of eight weeks from today, the parties will maintain status quo as of today in respect of the suit structure till the decision of the said application is 3 ao918-10 communicated either to the appellant or to the Architect of the appellant. If the said decision of regularization is adversed to the appellant, the order of status-quo will continue for a period of four weeks of which the decision is communicated to the appellant through the Architect. iv. All contentions of the parties for regularization are kept open. vi. Civil Application No.1127 of 2010 does not survive and the same is disposed of. JUDGE