1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO.1429 OF 2009 WITH CIVIL APPLICATION NO.2708 OF 2009 IN FIRST APPEAL NO.1429 OF 2009 M/s. Helena Exports Ltd. & Anr. .... Appellants Vs. Mumbai Municipal Corporation & Anr. .... Respondents Shri R.A. Thorat for the Appellants. Shri J.J. Xavier for the BMC. CORAM: R.S. MOHITE, J. DATED: FEBRUARY 23, 2010 P.C: 1. Heard both sides. The Advocate for the appellants has raised the point that his clients, who are the tenants, were not given notice under Section 351 of the MMC Act. In my view, Section 351 does not require the Municipal Corporation to give notice to persons who are occupants who have not effected the unauthorised construction. In the circumstances, in my view, this appeal is not required to be entertained. However, at this 2 stage, the Advocate for the appellants states that the appellants will withdraw this appeal if some protection is granted. In the circumstances, the appeal is dismissed as withdrawn. It is, however, directed that the Municipal Corporation will not execute the final order under Section 351 for a period of eight weeks from today. The first appeal accordingly stands disposed of. 2. In view of the main appeal itself having been dismissed as withdrawn, the Civil Application No.2708 of 2009 does not survive and accordingly stands disposed of. R.S. MOHITE, J.