1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.934 OF 2009 WITH CIVIL APPLICATION NO.1165 OF 2009 Vishwa Amusement Pvt.Ltd., ..Appellants V/s Municipal Corporation of Greater Mumbai & Ors. ..Respondents ---- Mr. Dinesh C.Shah for the appellants. Mrs. K.K.Soraan for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 15th September, 2009. PC 1 Heard both sides. In my view, the appeal can be disposed off finally at the stage of admission. Hence, Admit. By consent of parties, appeal is made returnable forthwith. 2 The appellants have filed this appeal impugning an order dated 8.9.2009 passed by the City Civil Court in the Chamber summons in Suit No.1631 of 2009. The plaintiffs have filed the suit against the B.M.C inter alia for a declaration that the earlier notice dated 17.7.2009 was bad in law, improper and liable to be revoked. It appears that pending the disposal of the suit on 7.9.2009 BMC has issued a notice under Section 394(4) of the B.M.C Act requiring him to dis-continue the use of the suit premises for the purpose of carrying on a trade. In the suit premises the plaintiffs are carrying on Restaurant by name Can-Can Bar 2 & Restaurant. On perusal of the acts which are said to constitute nuisance, prima facie in my view, the mere acts of carrying on internal construction may not amount to a nuisance. B.M.C is fully empowered to demolish un-authorised construction by following proper procedure of law. One of the grounds is that precautionary measure has not been taken for fire risk. My attention is drawn to the facts that as regards the fire risk, a letter dated 17.8.2009 had been addressed by the plaintiffs to the Medical Officer of Health `K’ ward informing him that the fire fighting equipment has been certified by a certificate dated 5.4.2009. A copy of the certificate is shown to me. The same is valid till 4.4.2010. In my view, pending the disposal of the Chamber summons the Court ought to have protected the plaintiffs. In the circumstances, appeal is allowed and it is directed that pending the disposal of the Chamber summons No.474/2009, there will be interim relief in terms of prayer clause-(b). It is also further clarified that the Chamber summons will be ultimately decided on its own merits without being influenced by any observations made in this order. Appeal from Order stands disposed off. CIVIL APPLICATION NO.1165 OF 2009 As the main appeal is disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3