1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1043 OF 2010 WITH CIVIL APPLICATION NO.1275 OF 2010 Selvel Media Services Pvt. Ltd. ...Appellant. v. Fumes International and Ors. ...Respondents. Mr. D.S.Parikh i/by Pervez M. Rustomkhan, advs., for the Appellant. Mr.S.I.Memon i/by Ms Ketaki Patil, advs., for the respondent no.1. Ms K.K.Soran, adv. For the R.No.4/BMC. CORAM : J.H.Bhatia, J. DATE : 27th September, 2010 P.C.: 1 The learned counsel for the Municipal Corporation makes a statement that a notice has been issued against the present appellants in respect of appellants' hoarding, which is the subject matter of the different suit. However, result of that notice may have impact on the present litigation also. Besides that, the Municipal authorities have also to consider size and location of the hoarding of both the parties as per the rules applicable. After some discussion, the learned counsel for the parties agree that following directions will meet the ends of justice: 2 (a) Both the parties shall appear before the Deputy Municipal Commissioner (Special) on 5.10.2010 at 3.00 pm. The concerned Deputy Municipal Commissioner shall hear both the parties and take decision in respect of notice issued to the present appellant as well as in respect of dispute between the present appellant and the respondent about the location of their hoarding within two weeks after the said hearing. In case decision goes against the appellant, no further action shall be taken against the appellant in respect of notice issued to them for further two weeks. Appellant shall also withdraw the suit no.1002 of 2010 as well as suit no.2086/2008. Parties shall maintain status-quo till the expiry of two weeks from the date of the order, which may be passed by the Deputy Municipal Commissioner. 2 The present appeal and the application shall stand disposed off accordingly. (J.H.BHATIA, J.) 3