1 ao39.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 39 of 2011 WITH Civil Application No. 50 of 2011 IN AO 39/2011 Dr. Ramesh Prabhoo ...Appellant v/s. Municipal Corporation of Greater Mumbai ..Respondent Mr. Anil Yadav i/b. D.R. Shah for the appellant. Mrs. K.K. Soraan for BMC. CORAM:- B.R. GAVAI, J DATED :- JANUARY 14, 2011. P.C. The Appellant challenges the order dated 16th October, 2010 passed by the Learned City Civil Court at Dindoshi in Notice of Motion No. 483/2009 in S.C. Suit No. 1067/09 thereby rejecting the Notice of Motion. The suit filed by the present Appellant is challenging in the notice issued by the Respondent Corporation under Section 351 of the Bombay Municipal Corporation Act. In the order impugned itself it could be seen 2 ao39.11.sxw that the Learned trial Court has observed that though the Respondent had asked the Applicant to seek regularisation of structure and that the structure was capable of being regularised, the Appellant had chosen not to avail of the same. 2. In that view of the matter, the Appellant was directed to file an undertaking to the effect that he was willing to apply for regularisation and in the event regularization was granted, to pay the necessary charges/penalty as levied by the Corporation. 3. Accordingly, an undertaking as filed before this Court by the Appellant stating therein that he would make an Application for regularization of structure before the competent officer of the Corporation. He has also undertaken that he shall pay the necessary charge and penalty, if any, levied by the Corporation for the purpose of regularisation of the said structure. Said undertaking is taken on record and marked ‘X’ for identification. 4. I find that the Appeal from Order so also the suit can be disposed of in the following terms: 3 ao39.11.sxw i) The Appellant shall file an Application for regularization to Executive Engineer, Building Proposal, Bandra within a period of two weeks from today. ii) On such application being made to the competent authority, the said authority shall decide the same within a period of six weeks thereof. iii) The parties shall maintain status-quo till the decision on the Application for regularisation made by the appellant and communication thereof. 5. The Appeal from Order so also the suit No. 1067 of 2009 stand disposed of in the aforesaid terms. 6. In view of disposal of Appeal from Order, nothing survives in the Civil Application No.50/2011. The same is also disposed of. (B.R. GAVAI, J)