1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10491 OF 2009 M/s. Kumar Resorts & Amusements Pvt Ltd. ..Petitioners Vs. Lonavala Municipal Council ..Respondent Mr. V. A. Thorat, Sr. Counsel i/b Mr. V.A.Sugdare & Miss Prachi Tatke for the Petitioners Mr. R. S. Apte, Sr. Counsel i/b Mr. A. A.Garge for Respondent CORAM: A.S.OKA, J. DATED: 9th February, 2010 P.C. 1. Heard Learned Senior Counsel appearing for the Petitioner and Learned Senior Counsel appearing for the Respondent. 2. The Petitioner has tendered on record an Affidavit / Undertaking of Mr. Manohar Budhwani, a Director of the Petitioner. The said undertaking dated 9 th February 2010 is taken on record and marked ‘X’ for identification. The 2 Learned Senior Counsel appearing for the Petitioner on instructions of Mr. Manohar Budhwani states that the offending steps which are not covered by the sanctioned plan have been already removed by the Petitioner. The statement is accepted. 3. In view of the Affidavit / undertaking, the Petition is disposed of by passing the following order: (i)Regular Civil Suit No.91 of 2005 is dismissed as withdrawn. (ii) The Application proposal for regularisation is made by the Petitioner on 24 th August 2009, shall be decided by the Respondent within a period of three months from today. The proposal / application for regularisation shall be considered and decided on its own merits. (iii) The order passed on the proposal for regularisation shall be communicated by the Respondent to the Petitioner at the address mentioned in the cause title of this Petition within a 3 period of two weeks from the date of the decision. (iv) Till the decision is taken on the proposal for regularisation, the parties will maintain status-quo as of today in respect of the disputed structures. In the event, the order passed on the proposal for regularisation is adverse to the Petitioner, the said order shall not be acted upon for a period of four weeks from the date on which the order is communicated to the Petitioner. (v) It is made clear that if the order passed on the proposal for regularisation is adverse to the Petitioner, it will be open for the Petitioner to file appropriate proceedings for challenging the said order. (vi) The Trial court will pass formal order on the suit on receipt of writ of this order. (v) No order as to costs. (A.S.OKA, J)