:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.62 OF 2008 APPEAL FROM ORDER NO.62 OF 2008 APPEAL FROM ORDER NO.62 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.71 OF 2008 CIVIL APPLICATION NO.71 OF 2008 CIVIL APPLICATION NO.71 OF 2008 M/s. Archcon Readymix Concrete Private Limited ...Appellant. v. The Municipal Corporation of Greater Mumbai ...Respondents. Mr.A.M.Saravgi a/w Shri G.C.Singh , advs. for the Appellant. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 24th January, 2008. DATE: 24th January, 2008. DATE: 24th January, 2008. P.C. P.C. P.C. 1. Appeal is preferred against the dismissal of the notice of motion seeking to restrain the respondent/Corporation from implementing the notice issued under Section 351. The learned trial Court dismissed the notice of motion holding that the plaintiff/appellant had not obtained necessary permission from the Municipal Corporation though it had taken permission or approval from certain other authorities under the different laws for starting the business of ready mix concrete plant. After perusal of the record and the impugned order , I find that the plaintiff/appellant has not obtained any permission from the Municipal Corporation for construction of that plant, therefore, I do not find any substance in the :2: appeal. 2. At this stage, Mr.Saravgi the learned counsel for the appellant seeks to withdraw the appeal and also to withdraw the suit with liberty to file appropriate application before the Municipal Corporation for regularisation of the construction. 3. Appeal stands disposed off as withdrawn. If such application is made by the appellant before the Municipal Corporation, it would be considered and decided strictly as per the law, preferably within six weeks after such application is filed. 4. As the appeal itself is disposed off, Civil Application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)