SM 1 24.ao.1236.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1236 OF 2011 WITH CIVIL APPLICATION NO. 1634 OF 2011 IN APPEAL FROM ORDER NO. 1236 OF 2011 Mr. Sayanarayan B. Maheshwari and others ....Appellants. Versus Municipal Corporation of Greater Mumbai ....Respondent. ____________ Mr. P. S. Bhosale i/b Sharad K. Bhosale for the Appellants. Ms. K. K. Soraan for the respondent-BMC. CORAM: R. M. BORDE, J. DATED : NOVEMBER 17, 2011. P.C.: The respondent-BMC has presented an Affidavit-in- Reply and has stated that the proposal under No. CE/2762/BPES/ Misf/L which was received in the office of the Corporation on 25th October, 2007 for regularization of the change of user of building known as “Maheshwari Sadan” has not been considered on its own merits but the same has been rejected. 2. The counsel appearing for the appellant undertakes to furnish a fresh proposal within six weeks from today. The Corporation shall receive the fresh proposal and shall process the same and render decision thereon within six weeks thereafter. The Municipal Corporation has not take any adverse action against the appellant in pursuance to the notice issued under Section 53 (1) of the MRTP Act until the proposal is decided and for further period of four weeks if the decision of the Corporation is adverse to the appellant. SM 2 24.ao.1236.11 3. With these directions, the Appeal from Order stands disposed of. In view of disposal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. 4. The counsel for the appellant may advise his client to withdraw the suit. (R. M. BORDE, J.)