1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8928 OF 2009 Vishal Shekhar Poonja & Ors. .. Petitioners. Vs. Kalyan Dombivali Municipal Corporation & Anr. .. Respondents. Mr.S.P.Kanuga for the petitioners. Mr.A.S.Rao for respondent nos.1 and 2. CORAM : D.B. BHOSALE, J. DATED : 16TH OCTOBER, 2009 P.C. . Heard learned counsel for the parties. 2. By this writ petition, the petitioner has impugned the order dated 30th September, 2009, passed by the District Judge-2, Kalyan allowing Misc. Civil Appeal No.32 of 2008 filed by the respondent-corporation thereby setting aside the order dated 10.3.2008 passed by the trial Court on the application at Exhibit-5. By the order dated 10.3.2008 the trial Court had granted temporary injunction in favour of the petitioners restraining the respondent-corporation from creating any obstruction to the petitioners from carrying out their business of Hotel Nalanda pending hearing and final disposal of the suit. 3. It appears that the Food license for running hotel was 2 issued in the name of Smt.Prafulla Poonja, the mother of the petitioners. She died in 2005. After her death the petitioners applied for renewal of license on 26.12.2006. That application was filed in the name of the deceased mother. That appears to be the reason why the respondent could not process the request for renewal and rejected the application. Mr.Kanuga, learned counsel for the petitioners submits that the petitioners are prepared to file fresh application for renewal with all necessary documents including heirship certificate and the respondent- corporation may be directed to consider the same within timeframe and till then the order of status quo running till today may be continued. Having considered overall facts and circumstances of the case I am satisfied that this petition can be conveniently disposed of by the following order: The petitioners are allowed to make an application for renewal of food license alongwith all necessary documents including the heirship certificate on or before 28.10.2009 to respondent no.2. Respondent No.2 shall consider the said application on merits in accordance with law and shall communicate the order to the petitioners on or before 30.11.2009. The order of status quo granted by the court below shall remain operative till 30.11.2009 and for a period of one week from the date of communication of the order if the order passed by respondent no.2 is adverse to the petitioners. 3 In view of this Mr.Kanuga, learned counsel for the petitioners, on instructions, submits that the petitioners shall withdraw the suit on or before 16.11.2009. His statement is accepted. All contentions of the parties are kept open. While passing this order I shall not be understood to have expressed any opinion on merits of the case. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)