1 mss OSWP+2785 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2785 OF 2006 MALAD UNIQUE CLASSIC CO-OP. HSG. SOCIETY LTD. & ORS. .. PETITIONERS Vs. MUNICIPAL CORPORATION OF GR. MUMBAI & ORS. .. RESPONDENTS Ms. K. C. Nichani with P. P. Chavan for the petitioners Mr. A. Y. Sakhare, Sr. Advocate with Ms. K. R. Punjabi for R-1 to 4. Mr. S. Purohit i/b Wadia Ghandy & Co. for R-5 & 6 CORAM: SMT. RANJANA DESAI & RAJESH G. KETKAR, JJ. DATED : 15/3/2011 P.C.: Learned counsel for the petitioners wishes to withdraw the petition with liberty to include the relevant claim made in this petition, in S.C. Suit No. 3383 of 2005 filed by the petitioners which is pending in the City Civil Court at Mumbai. Learned counsel, however, states that the objection as regards notice under Section 527 of the Mumbai Municipal Corporation Act, may not come in the way of the petitioner. 2 mss OSWP+2785 2. We have heard learned counsel for the Corporation. We direct that the present petition shall be treated as notice and shall be treated as substantial compliance with the statutory provisions namely of Section 527 of the M.M.C. Act. 3. Needless to say that the petitioners will be at liberty to amend the plaint, if they so desire and the trial court will pass appropriate order after considering the amendment application on merits. All contentions of both sides are kept open. We make it clear that, we have not expressed any opinion on the merits of the case. 4. Writ petition is permitted to be withdrawn with liberty as stated above. (SMT. RANJANA DESAI, J.) (RAJESH G. KETKAR, J.)