1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1562 OF 2008 Francis Alvares .. Petitioner Versus Municipal Corporation of Gr. Mumbai and Anr. .. Respondents Mr.Bipin Joshi for petitioner Mr.A.J.Bhor for B.M.C. Mr.M.R.Yadav for interevenor C.A.843-08 CORAM : S.C.DHARMADHIKARI, J. DATE : 25th March 2008 P.C. . The grievance of the petitioner original plaintiff in the suit was that due process of law is not being followed and without any opportunity to them, the society’s compound wall would be demolished or pulled down. 2. The grievance was that service of notice under section 55 to one Supriya Construction 2 Company, cannot be said to be compliance with the due process of law. Mr.Bhor, learned Counsel appearing for Corporation states that the statement is incorrect because notice under section 55 of M.R.T.P. Act has been issued to the society, who is original plaintiff and there is acknowledgement from their Secretary. 3. Today Mr.Joshi submits that the plaint averments and more particularly para 9 thereof are correct. 4. Be that as it may, if the Corporation has issued notice under section 55 of the M.R.T.P. Act it should also intimate the society and the society will be heard before any final orders are passed. 5. A intimation/notice of hearing be given to the petitioner society which is original plaintiff in the suit within 10 days from today. 3 A copy of the notice addressed to M/s.Supriya Construction Company be enclosed to this intimation/notice. Upon receipt of such notice, the petitioner society to file its reply within 15 days from the date of receipt thereof. After the reply is filed, the Corporation shall hear the society and pass a speaking order within four weeks from the date of receipt of the reply. Needless to state that if the society does not reply or does not appear in pursuance of the intimation the Corporation can proceed ex parte. Further needless to state that if the petitioner society does not reply within the time stipulated above, the impugned order stands quashed and set aside, the suit shall stand restored to the file of trial court along with chamber summons and trial court will frame necessary issues of jurisdiction and maintainability. In addition to M/s.Supriya Construction Company the Corporation will issue notice/intimation to the petitioner society. Petition disposed of. 4 (S.C.Dharmadhikari, J)