1 production board 2 aO 1006.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk APPEAL FROM ORDER NO. 1006 OF 2010 WITH CIVIL APPLICATION NO.1223 OF 2010 IN APPEAL FROM ORDER NO. 1006 OF 2010 Shri Banshi Parsaram Jeswani ..Appellant. v/s. The Municipal Corporation of Greater Bombay ..Respondent. .... Mr. Ashok R. Pande for the Appellant. Mrs. Geeta Joglekar for Respondent/BMC. .... CORAM : J.H.BHATIA, J. DATE : 26TH AUGUST, 2010. P.C. 1 Mentioned. Not on board. Taken on board. 2 Heard the learned counsel for parties. After hearing the Appellant, the Assistant Municipal Commissioner had rejected the reply and passed an order for demolition of the disputed structure as per the notice under section 351 of Bombay Municipal Corporation Act, 1888. The said order was challenged in the Suit 2 production board 2 aO 1006.10.doc No.1729 of 2010. Notice of Motion No.2040 of 2010 is pending while ad-interim relief has been refused. According to the Appellant, he has a sanctioned plan of the building of 1972. The learned counsel for the Respondent makes a statement that the said sanctioned plan was never produced before the Assistant Commissioner while taking decision on the Notice under section 351 of Bombay Municipal Corporation Act, 1888, but that plan was sought to be produced after the ad-interim relief was refused by the trial court. The learned counsel makes a statement that if the Applicant makes a representation along with the said sanctioned plan, the Assistant Commissioner will be willing to rehear on the notice under section 351 of Bombay Municipal Corporation Act, 1988. 3 The Appellant is permitted to file a fresh representation alongwith the copy of the sanctioned plan within 15 days from this date and if such representation is filed the Assistant Commissioner shall take a decision within one month thereafter. Pending decision on the said representation no coercive action shall be taken on the basis of the Notice under section 351. 3 production board 2 aO 1006.10.doc 4 In view of the above, the learned counsel for the Appellant seeks to withdraw this Appeal and the Application No. 1223 of 2010 as well as he makes a statement that he will withdraw the suit also. 5 The Appeal and Application both stand disposed of accordingly. [ J.H.BHATIA, J. ]