-: 1 :- SPB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 595 OF 2008 APPEAL FROM ORDER NO. 595 OF 2008 APPEAL FROM ORDER NO. 595 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 690 OF 2008 CIVIL APPLICATION NO. 690 OF 2008 CIVIL APPLICATION NO. 690 OF 2008 IN A.O. NO. 595 OF 2008 M/s. Selvel Publicity and Consultants Pvt.Ltd., .. Appellants. (Org.Plaintiffs) V/s. The Municipal Corporation of Greater Mumbai & Ors. .. Respondents. (Org.Defendants) --- WITH WITH WITH APPEAL FROM ORDER NO. 596 OF 2008 APPEAL FROM ORDER NO. 596 OF 2008 APPEAL FROM ORDER NO. 596 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 691 OF 2008 CIVIL APPLICATION NO. 691 OF 2008 CIVIL APPLICATION NO. 691 OF 2008 IN A.O. NO. 596 OF 2008 M/s. Selvel Publicity and Consultants Pvt.Ltd., .. Appellants. (Org.Plaintiffs) V/s. The Municipal Corporation of Greater Mumbai & Ors. .. Respondents. (Org.Defendants) --- WITH WITH WITH APPEAL FROM ORDER NO. 597 OF 2008 APPEAL FROM ORDER NO. 597 OF 2008 APPEAL FROM ORDER NO. 597 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 692 OF 2008 CIVIL APPLICATION NO. 692 OF 2008 CIVIL APPLICATION NO. 692 OF 2008 IN A.O. NO. 597 OF 2008 M/s. Selvel Publicity and Consultants Pvt.Ltd., .. Appellants. (Org.Plaintiffs) V/s. The Municipal Corporation of -: 2 :- Greater Mumbai & Ors. .. Respondents. (Org.Defendants) --- WITH WITH WITH APPEAL FROM ORDER NO. 598 OF 2008 APPEAL FROM ORDER NO. 598 OF 2008 APPEAL FROM ORDER NO. 598 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 693 OF 2008 CIVIL APPLICATION NO. 693 OF 2008 CIVIL APPLICATION NO. 693 OF 2008 IN A.O. NO. 598 OF 2008 M/s. Selvel Publicity and Consultants Pvt.Ltd., .. Appellants. (Org.Plaintiffs) V/s. The Municipal Corporation of Greater Mumbai & Ors. .. Respondents. (Org.Defendants) --- WITH WITH WITH APPEAL FROM ORDER NO. 599 OF 2008 APPEAL FROM ORDER NO. 599 OF 2008 APPEAL FROM ORDER NO. 599 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 694 OF 2008 CIVIL APPLICATION NO. 694 OF 2008 CIVIL APPLICATION NO. 694 OF 2008 IN A.O. NO.599 OF 2008 M/s. Selvel Publicity and Consultants Pvt.Ltd., .. Appellants. (Org.Plaintiffs) V/s. The Municipal Corporation of Greater Mumbai & Ors. .. Respondents. (Org.Defendants) --- Mr. S.U.Kamdar, Sr. Counsel with Birendra Saraf & Nita Solanki i/by Kiran Jain Co. for the Appellants. Mr. N.V.Walawalkar, Sr.Counsel i/by Geeta Jogalekar for the Respondents. --- CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 02ND DECEMBER,2008. DATED : 02ND DECEMBER,2008. DATED : 02ND DECEMBER,2008. P.C.: P.C.: P.C.: -: 3 :- 1. Pursuant to the earlier showcause notice dated 20th of January, 2003 an order dated 13th February, 2007 was passed by the respondents regarding various sites. The order was challenged by filing writ petitions. By the common order dated 14th December, 2007, the writ petitions were disposed of and the matters were remanded to the respondents for passing a fresh order in accordance with law. It appears that the order dated 19.03.2008 passed pursuant to the above is based on alleged violations which did not form a part of the show cause notice dated 20th January, 2003. It is also contended that a different policy has been relied upon in the fresh order dated 19th March, 2008 in respect of which the petitioner was not afforded an opportunity of being heard. 2. By the impugned order, the learned Judge has held that the petitioners ought to have challenged the said order by a writ petition and not by filing the suit. The basis of the order, with respect, is incorrect. The suit is not barred under the provisions of law. 3. Mr.Walawalkar, learned senior counsel appearing on behalf of the respondents, in this view of the matter seeks liberty for issuing a fresh show cause notices. In the circumstances, the above Appeals from Order are -: 4 :- disposed of by the following order : ORDER ORDER ORDER i. The impugned order and the order impugned in the suit are hereby set aside. ii. The respondents shall be at liberty to issue fresh showcause notices and proceed to decide the matter afresh pursuant thereto. iii. The fresh order, if adverse to the appellants, shall not be implemented for a period of six weeks after the service thereof on the appellants. iv. The Appeals from orders and the suit are accordingly disposed of. v. In view of this order, nothing survives in the civil applications filed in the respective Appeals and all the civil applications are also disposed of as such. vi. Ordered accordingly. -: 5 :- .....