-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 482 OF 2009 APPEAL FROM ORDER NO. 482 OF 2009 APPEAL FROM ORDER NO. 482 OF 2009 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 585 OF 2009 CIVIL APPLICATION NO. 585 OF 2009 CIVIL APPLICATION NO. 585 OF 2009 IN A.O. NO. 482 OF 2009 IN N/MOTION NO.97/2009 IN L.C.SUIT NO.588/09 MAR THOMA CENTRE .. APPELLANT. (Org.Plaintiffs) V/s. The Municipal Corporation of Gr. Mumbai & Anr. .. Respondents. (Org.Defendants) --- Mr.P.S.Dani i/by Mr.Sameer M.Tendulkar for the Appellant. Ms. K.K.Soraan for the Respondent -BMC. ----- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 28th APRIL, 2009 DATED : 28th APRIL, 2009 DATED : 28th APRIL, 2009 P.C. : P.C. : P.C. : 1. Heard the learned counsel appearing for the respective parties. 2. Mr. Dani, learned counsel for the appellant, on instruction, seeks leave to withdraw the appeal with liberty to file representation before the respondent -corporation for regularisation of the offending notice structure. -: 2 :- 3. Ms. Soraan, learned counsel appearing for the respondent-BMC has no objection if the appellant is allowed to make representation for regularisation of the notice structure. 4. In view of the above statements by the respective counsel, the appellant is granted leave to withdraw the appeal with liberty to file representation for regularisation of the notice structure with the respondent-BMC. 5. In the event of appellant’s filing representation for regularisation of the notice structure within the period of four weeks from today, the competent authority of the respondent/ BMC shall dispose of the same within the period of eight weeks thereafter. 6. The parties to the appeal shall maintain status-quo in respect of notice structure for the period of fourteen weeks from today. 7 Needless to mention that the appellant’s representation shall be decided on its own merit and in accordance with law and without being influenced by the order impugned in the present appeal. -: 3 :- 8. Appeal is disposed of as withdrawn with liberty as prayed for. In view of the withdrawal of the appeal, civil application will not survive and the same is disposed of as such. (R.V.MORE,J.) .....