: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.1114 OF 2008 FROM ORDER NO.1114 OF 2008 FROM ORDER NO.1114 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION (ST.) NO.25714 OF 2008 APPLICATION (ST.) NO.25714 OF 2008 APPLICATION (ST.) NO.25714 OF 2008 Salim Mohammed Qureshi ...Appellant V/s. Mumbai Municipal Corporation . of Greater Mumbai ...Respondents Mr.C.K. Tripathi for the Appellant. Mrs.Geeta Joglekar for the Respondents. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. [VACATION [VACATION [VACATION JUDGE] JUDGE] JUDGE] DATE DATE DATE : 3RD NOVEMBER, 2008. : 3RD NOVEMBER, 2008. : 3RD NOVEMBER, 2008. P.C.: P.C.: P.C.: . Heard. Perused the record. 2. The appellant is actually feigning ignorance of the provisions of Section 394 of the Mumbai Municipal Corporation Act, 1888. The appellant was under obligation to obtain licence under that section for carrying on business which he admittedly carries on at the moment. Despite notices and warnings given to the appellant, he has continued to carry on the same activity which is prohibited under Section 394 : 2 : of the Mumbai Municipal Corporation Act. 3. The learned Judge of the lower court rightly rejected his application for stay to the impugned notice dated 13th October, 2008. The learned Advocate who is appearing for the appellant is trying to question the propriety of the suit notice on the ground that the notice does not mention as to what activities the appellant is carrying on and what activities are being prohibited. 4. Such stand, as said above, is only feigning ignorance. The appellant will not suffer any loss if his trade in food stuff is stopped until he obtains the licence. I am told at this stage that the appellant has already applied for such a licence. The appellant should, therefore, wait till he gets the licence. There is nothing illegal in the impugned notice. 5. The Notice of Motion pending in the lower court is expedited. The observations made above shall not influence the learned Judge of the lower court. : 3 : 6. The Appeal stands dismissed. 7. In view of dismissal of the Appeal, the Civil Application (St.) No.25714 of 2008 does not survive and the same is disposed of accordingly. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]