1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.883 OF 2009 WITH CIVIL APPLICATION NO.1085 OF 2009 Vishwa Amusement Pvt.Ltd., ..Appellant V/s The Municipal Corporation of Greater Mumbai .Respondents ---- Mr. G.S.Godbole i/by Nitin Muley for the appellant. Mrs. K.K.Soraan for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 1st September, 2009. PC 1 This appeal has been filed by the original plaintiff impugning an order dated 10.8.2009 passed by the City Civil Court rejecting his prayer for grant of ad-interim injunction. On perusing the record it is found that the suit is filed impugning a Notice issued by the Public Health Department of the B.M.C calling upon the plaintiff to rectify certain infringements as mentioned in the Notice. A reply has been given to this Notice by the original plaintiff and the said reply dated 23.7.2009 was served on the B.M.C on 29.7.2009. I find that the notice basically states that process of law will be followed and hence, there is no question of stay of such notice. It also appears to be the fact that the applicant possesses valid license because notice reflects violation of conditions of such 2 license. Advocate for the B.M.C states that apart from taking prosecution, if further steps pertaining to cancellation of license are contemplated, then appellant will be heard before any such cancellation is effected. The statement is accepted. In view of acceptance of the statement, Appeal from Order is dismissed. CIVIL APPLICATION NO.1085 OF 2009 1 In view of dismissal of main appeal, C.A does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3