IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 2764 OF 2008 Gandhinagar Vyapari Rahivasi Seva Society and another .. Petitioners Vs. Municipal Corporation of Greater Mumbai and others .. Respondents Mr. Rakesh Kumar i/by Mr. V.S. Jabra for the petitioners. Mr. Janak Dwarkadas, Senior Advocate with Mr. P.K. Shroff and Mr. S.B. Kotak i/by M/s. P.K. Shroff & Co. for the respondent No.5. Mr. C.S. Balsara with Mr. S.A. Bhagwat for the respondent No.4. Ms. G.S. Jogalekar for the BMC. Mr. Simil Purohit, Court Commissioner present. CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATED : 14TH JANUARY, 2009 P.C. The learned local Commissioner has filed his report in the court today. Same is taken on record. The learned counsel appearing for the respondent Nos.4 and 5 submit that suggestions made in the report of the local Commissioner at the behest of the petitioners, can be finally complied with without any protest. 2. In view of the aforesaid statement, the learned counsel appearing for the petitioners wishes to withdraw this petition. The writ petition is dismissed as withdrawn. 3. In view of the work indicated in the report, we direct the parties to pay an additional amount of Rs.5000/- as cost to the Commissioner. It be shared by the parties. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.