SM 1 33.ao.1337.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1337 OF 2011 WITH CIVIL APPLICATION NO. 1739 OF 2011 IN APPEAL FROM ORDER NO. 1337 OF 2011 M/s. Square Enterprises ....Appellant. Versus The Municipal Corporation of Greater Mumbai ....Respondent. ____________ Mr. R. A. Thorat i/b Mr. M. N. Havnur for the Appellant. Ms. K. K. Soraan for the the Respondent-BMC. CORAM: R. M. BORDE, J. DATED : DECEMBER 12, 2011. P.C.: The counsel appearing for the respondent-Municipal Corporation, on instructions of Shri. Ajit H. Kulkarni, S/R, Building Proposal (W.S.)(I), makes a statement that the notice issued under Section 354-A dated 30th August, 2011 would be withdrawn in view of issuance of subsequent notice under Section 53 (1) of the MRTP Act, 1966 dated 17th October, 2011. In view of the statement made by the counsel appearing for the respondent, the counsel appearing for the appellant, on instructions, seeks leave to withdraw the appeal from order with liberty to file appropriate proceedings challenging the notice under Section 53 (1) of the MRTP Act., 1966. The respondent, with a view to enable the appellant to challenge the notice under Section 53 (1) of the MRTP Act, 1966 shall not take any adverse action against the appellant for a period of two weeks from today. SM 2 33.ao.1337.11 2. In this view of the matter, the counsel appearing for the appellant seeks leave to withdraw the appeal from order. leave is granted. Appeal from order stands disposed of as withdrawn. In view of disposal of the appeal from order, pending civil does not survive and stands disposed of. 3. The counsel appearing for the appellant, on instructions from his client, makes a statement that the suit presented by the appellant being Long Cause Suit No. 2052 of 2011 would be withdrawn. (R. M. BORDE, J.)