- 1 - aost.21296.21297 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 21296 of 2011 with CIVIL APPLN(ST) NO. 21297 of 2011 M/s Sarabhai & Co. .. Appellant vs Municipal Corporation of Greater Mumbai ..Respondent Mr.Yatin R.Shah for Appellant Ms.K.K.Soran for Respondent CORAM: J.H.BHATIA, J DATE: 12 th August 2011 P.C. 1. Office objections, if any, waived. Appeal and Application be registered. 2. Heard learned counsel for the parties. The Appeal is preferred against the refusal of ad interim relief pending Notice of motion against the notice issued under section 351 and order passed thereon by the Municipal corporation. The dispute is about construction or repairs of mezanine floor in the shop which is part of the old building. It appears that necessary permission has not been obtained. After some discussion at the bar learned counsel for the parties agree that the Plaintiff- Appellant may file an Application/representation for regularization of the said mezzanine floor and the Municipal Corporation shall take a decision on such an - 2 - aost.21296.21297 Application/representation as per Rules. 3. In view of the above, the learned counsel for the Appellant seeks to withdraw the Appeal and Application as well as S.C.Suit No.1354 of 2011 and the Notice of motion therein from the trial Court. 4. Appeal, Application, Suit and the Notice of motion stands disposed of accordingly. If the Plaintiff- Appellant make an Application/representation for regularization of the mezanine floor within four weeks from this date, before the Executive Engineer (Building Proposal) Mumbai Municipal Corporation, Byculla, Mumbai the concerned officer shall take a decision on the same as per rules within six weeks thereafter. Till the decision on such an Application the Municipal Corporation shall not act upon the notice and order passed issued under section 351. J.H.BHATIA, J