Dixit 1 NMW-266-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.266 OF 2011 IN WRIT PETITION NO.2338 OF 2010 Esplanade School Building Tenants Welfare Association, Mumbai ... Petitioner V/s. The Municipal Corporation of Greater Mumbai & Anr. ... Respondents Mr. C.K. Tripathi in support of the Notice of Motion. Mrs. V.S. Gharpure for the Respondents. CORAM : A.M. KHANWILKAR & R.G. KETKAR, JJ. DATE : 18 TH NOVEMBER, 2011. P.C. : 1. This Notice of Motion has been filed in a disposed of Writ Petition. The Writ Petition was disposed of in terms of order dated 8th April, 2011. It is fairly accepted by the Counsel for the Respondent-Corporation that during the course of hearing of Writ Petition No.2338 of 2010, the fact that criminal complaint has been instituted against the Petitioner for offence under Section 34 read with Section 475-A of the Mumbai Municipal Corporation Act was not brought to the notice of this Court. 2. Even so, as the relief claimed in the present Notice of Motion is a substantive relief one for issuance of direction to the Respondent-Corporation to withdraw the said complaint, or, in the alternative, to quash the criminal Dixit 2 NMW-266-11 complaint and as the Writ Petition has been finally disposed of, we would permit the Petitioner to withdraw this Notice of Motion and, instead, file substantive Writ Petition for appropriate reliefs, as may be advised. All aspects and contentions available to both the parties can be considered in the said proceedings on its own merits in accordance with law. 3. To facilitate the Petitioner to take recourse to remedy of Writ Petition in relation to Criminal Complaint No.4100019/S.W. of 2011 instituted in the Court of Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai, we deem it appropriate, in the interest of justice, to continue the ad-interim protection given to the Petitioner in terms of order dated 2nd May, 2011 in the present Notice of Motion for a period of two weeks from today. 4. The Notice of Motion is allowed to be withdrawn with liberty, as prayed, on the above terms. 5. We extend the order of interim protection granted to the Petitioner in terms of prayer clause (c) for a period of two weeks from today. [R.G. KETKAR, J.] [A.M. KHANWILKAR, J.]