: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.678 OF 2009 WITH CIVIL APPLICATION NO.846 OF 2009 M/s.Gajalee Coastal Food Pvt.Ltd. ...Appellant Versus The Municipal Corporation of Gr.Mumbai ...Respondents ...... Mr.P.M.Havnur i/b Mr.D.M.Shah for Appellant. Mrs.K.K.Soraan for Respondent No.1. ...... CORAM : A.M.KHANWILKAR, J. DATED : AUGUST 27, 2009. P.C. : 1. Heard Counsel for the parties. 2. Appellant assures through Counsel before this Court that the Appellant has stopped using the garage for storing diesel bhatti and CNG Gas. That statement is accepted. The other offending use mentioned in the notice was user of garage for storing the vegetables and other old articles. According to the Appellant, the Appellant has been permitted to use the garage for such storage which is evident from the assessment bill Exhibit E : 2 : at page 42. Original Copy thereof is produced in Court. In other words, the Appellant would be free to use the garage for storing the vegetables and other old articles till the Motion is finally decided. In view thereof, nothing would survive for consideration in this Appeal which is directed against the ad-interim order. 3. The Appeal is partly allowed to the above extent while making it clear that the Trial Court shall decide the Notice of Motion on its own merits in accordance with law, uninfluenced by the observations made in the impugned decision or for that matter, the present order. All questions are left open to be decided in accordance with law. 4. It will be open to the Respondent Corporation to request the Trial Court to expedite the hearing of the Motion, which request, if made, be considered appropriately by the Trial Court. A.M.KHANWILKAR, J.