1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.493 OF 2002 WITH CIVIL APPLICATION NO.699 OF 2002 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.P.R.Arjunwadkar, advocate, for the appellant None for the respondent CORAM : A.S.OKA, J. DATE : 15TH FEBRUARY,2008 P.C. 1. The learned advocate appearing for the appellant states that the suit filed by the respondent was under the provisions of Section 28 of the Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947 and therefore, the 2 second appeal is not maintainable. He seeks permission to withdraw the second appeal with liberty to file a fresh proceedings for challenging the impugned Judgment and Decree. He prays that the stay granted on 29th July, 2002 be continued for a reasonable time. 2. Accordingly, the second appeal is dismissed as withdrawn with liberty as prayed. Ad-interim order dated 29th July, 2002 passed in Civil Application No.699 of 2002 will continue to operate for a period of six weeks from today to enable the appellant to file appropriate proceedings. 3 (A.S.OKA, J.)