: 1 : Dixit 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 CIVIL APPLICATION NO.3221 OF 2007 CIVIL APPLICATION NO.3221 OF 2007 CIVIL APPLICATION NO.3221 OF 2007 IN IN IN FIRST APPEAL NO.1902 OF 2007 FIRST APPEAL NO.1902 OF 2007 FIRST APPEAL NO.1902 OF 2007 Gorakhnath Ramchandra Shikhare ...Applicant V/s. Municipal Corporation of Greater . Mumbai & Anr. ...Respondents Mr.P.G. Lad, Advocate, for the Applicant. Mr.J.J. Xavier, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for the 1st respondent waives service. Taken up for hearing forthwith. Appeal has been admitted for final hearing. My attention has been invited to the undertakings of the appellant-applicant in the affidavit dated 18th January, 2008 filed in the Appeal. In view of the said undertakings, the applicant needs to be protected. Hence, I pass the following order:- "O R D E R" "O R D E R" "O R D E R" (a). Undertakings of the applicant in affidavit : 2 : dated 18th January, 2008 are accepted. (b). In view of the undertakings, there will be interim relief in terms of prayer clause (a). (c). In the event the applicant commits any breach of any of the undertakings, without prejudice to other remedies available to the respondents, it will be open for them to apply for vacating the interim relief. (d). There will be no order as to costs. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]