1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1177 OF 2010 Karuna Karan Shetty .. Petitioner Versus Nirman Cooperative Housing Society and Ors. .. Respondents Mr.Kunal Cheema i/b. Datta Mane for petitioner Mr.V.B.Pandey for respondent No.1 Mrs.V.S.Gharapure for BMC CORAM : MOHIT SHAH,C.J. & S.C.DHARMADHIKARI, J. Date : 29th June 2010. P.C. 1] Learned Counsel for petitioner serves a copy of petition on Mrs.Gharapure, learned Counsel for Corporation. 2] The challenge in this petition under Article 226 is to the communication dated 8th April 2010 of the respondent Corporation rejecting petitioner’s application for grant of Eating House Licence. 2 3] Learned Counsel for Corporation raises a preliminary objection that the petitioner has an equally efficacious alternative remedy of filing an appeal before the learned Chief Judge of the Small Causes Court under Sub-Section 5 of Section 394 of the Mumbai Municipal Corporation Act, 1888. 4] The learned Counsel for petitioner submits that the appeal is required to be filed within 60 days from the date of the order and that during the said period, petitioner has already filed present petition. Since the petitioner is now being relegated to the alternative remedy, there will be delay in filing the appeal. In view of the above, we direct that the petitioner should prefer appeal before the Chief Judge to assail the order dated 8th April 2010, in terms of the second proviso to section 394(5) of Municipal Corporation Act, 1888, within two weeks from today. If the appeal is so filed, the same shall be entertained on merits and without raising any objection about limitation. 5] It will be open to the petitioner to request the concerned Court to 3 take up the appeal for hearing at an early date. It is clarified that we have not gone into the merits of the controversy involved and the petition is not entertained only on the ground of availability of alternate remedy. Petition disposed of accordingly. (CHIEF JUSTICE) (S.C.DHARMADHIKARI, J)