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 APPEAL APPEAL APPEAL FROM ORDER NO.645 OF 2008 FROM ORDER NO.645 OF 2008 FROM ORDER NO.645 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.3390 OF 2005 OF MOTION NO.3390 OF 2005 OF MOTION NO.3390 OF 2005 IN IN IN L.C. L.C. L.C. SUIT NO.3729 OF 2005 SUIT NO.3729 OF 2005 SUIT NO.3729 OF 2005 M.G. Amin Business Centre & Ors. ... Appellants Vs. The Municipal Corporation of ... Respondents Greater Bombay & Ors. Mr. R.A. Thorat i/by Mr. Devendra Udani for the Appellants. Mr. Z.B. Mugal for Respondent No. 3, 4 and 5. CORAM CORAM CORAM : R.S. MOHITE, J : R.S. MOHITE, J : R.S. MOHITE, J. DATE DATE DATE : 4TH JULY, 2008 : 4TH JULY, 2008 : 4TH JULY, 2008 P.C. P.C. P.C. :- :- :- 1. Heard both the sides. 2. Admit. 3. The matter can be disposed of in view of the judgment of learned Single Judge of this Court in the case of Murlee v/s B.M.C. in A.O. No. 998 of 2002. This is a case which arises from a challenge to the Notice under Section 354(A) of B.M.C. Act. It is not in dispute that after receipt of the said notice, the reply by the 2 plaintiff was filed within 24 hours. However, before any reply could be considered or any order passed, the plaintiff filed the suit on 19th September and obtained order of status-quo which was continued till disposal of the Motion. The Motion is now been dismissed. It is not in dispute that the circumstances under consideration are governed by Circular dated 11/08/2000 which contemplates that if the reply and document showing authorisation is filed within 24 hours, then reply would be considered and reasoned order shall be passed in the present, however the plaintiff rushed to the Court even before his reply to be considered. 4. Learned Advocate appearing for the appellant states that he is willing to withdraw his main suit, if proper reasoned order is passed in accordance with the Circular. In the circumstances, the Appeal is allowed and it is directed that B.M.C. shall pass reasoned order after considering the reply and the documents filed by the original plaintiffs, if any. 5. Learned Counsel appearing for B.M.C. states that documents already filed and those 3 relied upon in the plaint will be considered and a reasoned order will be passed in eight weeks from today. The statement is accepted. The parties shall maintain status-quo as of today. In case, there is an adverse order, precipitate action will not be taken for two weeks from the date of communication of the order. 6. Learned Advocate for the appellant applies for withdrawal of the suit. The suit stands disposed of as withdrawn. 7. The City Civil Court is directed to pass the formal order permitting the withdrawal of the suit. 8. Appeal from Order is disposed of. ( R.S. MOHITE, J.) R.S. MOHITE, J.) R.S. MOHITE, J.)