-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION (ST.) NO. 12443 OF 2008 APPLICATION (ST.) NO. 12443 OF 2008 APPLICATION (ST.) NO. 12443 OF 2008 IN IN IN APPEAL APPEAL APPEAL FROM ORDER(ST.) NO. 12442 OF 2008 FROM ORDER(ST.) NO. 12442 OF 2008 FROM ORDER(ST.) NO. 12442 OF 2008 M/s. CVK & Associates & Ors. ... Appellants. V/s. Municipal Corporation of Gr. Mumbai. ... Respondents. Mr. N.D. Jaywant for the Appellants. Mr. A.A. Bhor for the Respondents. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 14TH MAY, 2008. : 14TH MAY, 2008. : 14TH MAY, 2008. P.C. P.C. P.C. : : : . Heard both the Advocates. 2. The notice under Section 354A of the Mumbai Municipal Corporation Act dated 23rd April 2008 is a subject of challenge. Ad-interim relief was refused by the learned Judge of the City Civil Court. The learned Counsel for the Corporation, on verification of the details of work carried by the Plaintiff based on the pleadings before the Court, has objected for the activity of removal of partition by change of main door, change of toilet blocks or its renovation and also creation of wooden cabins. 3. However, since the Plaintiff wants to carry on installation of 9 air-conditioners in the suit premises or change of electrical wiring and put -:2:- sliding shutters, I do not find that there should be any hindrance of taking recourse to provision of Section 354A of the Mumbai Municipal Corporation Act by a notice dated 23rd April 2008. 4. Hence, the Plaintiff, without prejudice to the rights and contentions of the Corporation to take further action shall carry the change of electrical wiring, installation of air conditioners, fixing of sliding shutters to the windows of the suit premises. It is clarified that the Corporation can independently deal with change of user. 5. The Civil Application is disposed of as above. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.) VACATION VACATION VACATION JUDGE. JUDGE. JUDGE.