[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1838 OF 2008 M/s. Mahendra Builders ... Petitioners. Vs. The Municipal Corporation of Greater Mumbai and Ors. ... Respondents. Mr. Vijay Thorat Senior Counsel alongwith Mr. Vaibhav Sugdare for the petitioner. Mr. Ram Apte alongwith Ms. Archana Joshi for respondentNO. 1 to 3. Mr. R.J.Mane AGP for respondent NO.4. Mr. A.C.Singh alongwith Anil Yadav i/b.D.R.Shah for the respondent No.4. CORAM CORAM CORAM : P.B.Majmudar and : P.B.Majmudar and : P.B.Majmudar and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : September 25, 2008. : September 25, 2008. : September 25, 2008. P.C. 1. Heard the learned Counsel on both sides. 2. The only grievance made by the learned Counsel for the Petitioner is that the proceedings which are now pending before the respondent No.1 which were initiated by the respondent No. 5 may be directed to be decided. The learned Counsel for the respondents submitted that there is no difficulty to decide the same in accordance with law. [ 2 ] 3. In this view of the matter, the respondent No.1 is directed to take appropriate decision on the application/ proceedings initiated by respondent No.5 at the earliest considering the fact that after the remand of the matter from the State Government the said application is still not adjudicated one way or other. At the time of deciding the said application, it will be open for the respondent No.1 through Commissioner of Municipal Corporation for Greater Mumbai to hear the petitioner as well as respondent No.5 and pass appropriate order in accordance with law. In any event, the said decision may be taken by the corporation within three months from today. 4. It is made clear that if any injunction orde passed by the City Civil Court is in force, the decision arrived at by respondent No.1, may not be given effect to so long as the said injunction order is in force. Needless to say that all rights and contentions of the parties in the suit before the Civil Court are kept open and the observations in this order will have no bearing on the issues involved in the suit. The Civil Court is at liberty to decide the issues in the suit pending before it without being influenced by the observations of this order. [ 3 ] 5. Subject to what is stated above, the petition stands disposed of. [P.B.Majmudar, [P.B.Majmudar, [P.B.Majmudar, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]