IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1097 OF 2006 IN APPEAL FROM ORDER NO.800 OF 2006 Ganesh Chinappa Patil ..Appellant V/s. The Municipal Corporation of ..Respondent Greater Mumbai Ms.Geeta Shastri i/b.M/s.Khilnani and Co. for appellant Mrs.Geeta Joglekar, advocate for respondent Coram : D.G.Karnik, J Date : 21st November, 2006 P.C. 1. Heard learned counsel for the parties. Respondent issued notice to the appellant alleging that the respondent's structure was on the foot path. The appellant is carrying on business in the suit premises since 1989. The Shop Act License was issued by the corporation in the year 1989 itself and has been renewed from time to time since then. It is not case of the respondent that the respondent issued Shop Act License permitting the appellant to carry on the business on the public street. Prima facie it appears that structure is not shown to be on the public street. The respondent has also not produced on record plan showing the public street and suit structure. In the circumstances, civil application is allowed in terms of prayer clause (a). (D.G.Karnik, J.)