IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 261 OF 2008 APPEAL FROM ORDER NO. 261 OF 2008 APPEAL FROM ORDER NO. 261 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 313 OF 2008 CIVIL APPLICATION NO. 313 OF 2008 CIVIL APPLICATION NO. 313 OF 2008 M/S. M. SURESH & CO. PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 262 OF 2008 APPEAL FROM ORDER NO. 262 OF 2008 APPEAL FROM ORDER NO. 262 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 314 OF 2008 CIVIL APPLICATION NO. 314 OF 2008 CIVIL APPLICATION NO. 314 OF 2008 M/S. M. SURESH & CO. PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 263 OF 2008 APPEAL FROM ORDER NO. 263 OF 2008 APPEAL FROM ORDER NO. 263 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 315 OF 2008 CIVIL APPLICATION NO. 315 OF 2008 CIVIL APPLICATION NO. 315 OF 2008 M/S. M. SURESH & CO. PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 264 OF 2008 APPEAL FROM ORDER NO. 264 OF 2008 APPEAL FROM ORDER NO. 264 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 316 OF 2008 CIVIL APPLICATION NO. 316 OF 2008 CIVIL APPLICATION NO. 316 OF 2008 M/S. M. SURESH & CO. PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 265 OF 2008 APPEAL FROM ORDER NO. 265 OF 2008 APPEAL FROM ORDER NO. 265 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 317 OF 2008 CIVIL APPLICATION NO. 317 OF 2008 CIVIL APPLICATION NO. 317 OF 2008 M/S. M. SURESH & CO. PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 266 OF 2008 APPEAL FROM ORDER NO. 266 OF 2008 APPEAL FROM ORDER NO. 266 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 318 OF 2008 CIVIL APPLICATION NO. 318 OF 2008 CIVIL APPLICATION NO. 318 OF 2008 M/S. D. NAVINCHANDRA & CO. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 267 OF 2008 APPEAL FROM ORDER NO. 267 OF 2008 APPEAL FROM ORDER NO. 267 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 319 OF 2008 CIVIL APPLICATION NO. 319 OF 2008 CIVIL APPLICATION NO. 319 OF 2008 M/S. D. NAVINCHANDRA & CO. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 268 OF 2008 APPEAL FROM ORDER NO. 268 OF 2008 APPEAL FROM ORDER NO. 268 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 320 OF 2008 CIVIL APPLICATION NO. 320 OF 2008 CIVIL APPLICATION NO. 320 OF 2008 M/S. R. KANTILAL & CO. ) ..APPELLANTS (ORIG. 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EXPORTS ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 272 OF 2008 APPEAL FROM ORDER NO. 272 OF 2008 APPEAL FROM ORDER NO. 272 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 324 OF 2008 CIVIL APPLICATION NO. 324 OF 2008 CIVIL APPLICATION NO. 324 OF 2008 M/S. A.S. EXPORTS ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 273 OF 2008 APPEAL FROM ORDER NO. 273 OF 2008 APPEAL FROM ORDER NO. 273 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 325 OF 2008 CIVIL APPLICATION NO. 325 OF 2008 CIVIL APPLICATION NO. 325 OF 2008 M/S. JEWELEX INDIA PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. 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DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 282 OF 2008 APPEAL FROM ORDER NO. 282 OF 2008 APPEAL FROM ORDER NO. 282 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 334 OF 2008 CIVIL APPLICATION NO. 334 OF 2008 CIVIL APPLICATION NO. 334 OF 2008 M/S. LALBHAI KALIDAS & CO. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 283 OF 2008 APPEAL FROM ORDER NO. 283 OF 2008 APPEAL FROM ORDER NO. 283 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 335 OF 2008 CIVIL APPLICATION NO. 335 OF 2008 CIVIL APPLICATION NO. 335 OF 2008 M/S. GOLDI GEMS PVT. LTD. ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 284 OF 2008 APPEAL FROM ORDER NO. 284 OF 2008 APPEAL FROM ORDER NO. 284 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 336 OF 2008 CIVIL APPLICATION NO. 336 OF 2008 CIVIL APPLICATION NO. 336 OF 2008 M/S. SHIVASRAY TRADING PVT. LTD.) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 285 OF 2008 APPEAL FROM ORDER NO. 285 OF 2008 APPEAL FROM ORDER NO. 285 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 337 OF 2008 CIVIL APPLICATION NO. 337 OF 2008 CIVIL APPLICATION NO. 337 OF 2008 M/S. D.A. JHAVERI ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 286 OF 2008 APPEAL FROM ORDER NO. 286 OF 2008 APPEAL FROM ORDER NO. 286 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 338 OF 2008 CIVIL APPLICATION NO. 338 OF 2008 CIVIL APPLICATION NO. 338 OF 2008 M/S. OPAL DIAMONDS ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) WITH WITH WITH APPEAL FROM ORDER NO. 287 OF 2008 APPEAL FROM ORDER NO. 287 OF 2008 APPEAL FROM ORDER NO. 287 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 339 OF 2008 CIVIL APPLICATION NO. 339 OF 2008 CIVIL APPLICATION NO. 339 OF 2008 M/S. PRIYA EXPORTS ) ..APPELLANTS (ORIG. PLAINTIFFS) V/S B.M.C. ) ..RESPONDENTS (ORIG. DEFENDANTS) Ms. Shubhangi Chavan, Advocate, for Ms. Kavita Gandhi Advocate, for the Appellants. Mr. W.V. Walawalkar, Sr. Counsel a/w Ms. Nisha Dabhade, Advocate, for the respondent/BMC. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 27th March, 2008. DATE: 27th March, 2008. DATE: 27th March, 2008. P.C. P.C. P.C. 1. These Appeals have been filed by the Original Plaintifs against the refusal to grant ad-interim reliefs by the trial court against the notice issued under section 53 of the MRTP Act by the Municipal Corporation. After some discussion at the Bar and in view of the settled legal position that in view of the provisions of section 149 of the MRTP Act, Civil Court has no jurisdiction to entertain the suit against the notice issued by the authorities under MRTP Act, the learned counsel for the Appellants in all these matters seeks to withdraw all these Appeals as well as the suits filed before the trial court with liberty to file appropriate proceedings before the appropriate forum for the reliefs against the impugned notice with request that protection may be granted to the Appellants for a short time for this purpose. Mr. Walawalkar, learned counsel, for the Municipal Corporation has no objection. 2. Therefore, the Appeals stand disposed of as withdrawn with aforesaid liberty. The Municipal Corporation shall not act upon the impugned notice for a period of 2 weeks from today. 3. As the Appeals are disposed of, the Civil Applications therein do not survive and stand disposed of accoringly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)