1 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 APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION APPEAL APPEAL APPEAL FROM FROM FROM ORDER NO. 1008 OF 2007 ORDER NO. 1008 OF 2007 ORDER NO. 1008 OF 2007 inin in NOTICE NOTICE NOTICE OF OF OF MOTION NO.65 OF 2007 MOTION NO.65 OF 2007 MOTION NO.65 OF 2007 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO.60 OF 2007 NO.60 OF 2007 NO.60 OF 2007 Vinodkumar Vinodkumar Vinodkumar Laxman Laxman Laxman Mourya & ors...Appellants Mourya & ors...Appellants Mourya & ors...Appellants vs vs vs Brihanmumbai Brihanmumbai Brihanmumbai Municipal Municipal Municipal Corpn.. Corpn.. Corpn.. Respondents Respondents Respondents WITH WITH WITH APPEAL APPEAL APPEAL FROM ORDER NO.1009 OF 2007 FROM ORDER NO.1009 OF 2007 FROM ORDER NO.1009 OF 2007 inin in NOTICE NOTICE NOTICE OF OF OF MOTION NO.193 OF 2007 MOTION NO.193 OF 2007 MOTION NO.193 OF 2007 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO.60 OF 2007 NO.60 OF 2007 NO.60 OF 2007 Vinodkumar Vinodkumar Vinodkumar Laman Laman Laman Mourya &ors .. Appellants Mourya &ors .. Appellants Mourya &ors .. Appellants vs vs vs Brihanmumbai Brihanmumbai Brihanmumbai Municipal Corpn. Respondents Municipal Corpn. Respondents Municipal Corpn. Respondents Mr.Mukesh Mr.Mukesh Mr.Mukesh Vashi Vashi Vashi i/b M.P.Vashi & Associates for i/b M.P.Vashi & Associates for i/b M.P.Vashi & Associates for Appellants Appellants Appellants Mr.A.S.Khandeparkar Mr.A.S.Khandeparkar Mr.A.S.Khandeparkar for Respondent for Respondent for Respondent nos 5 & 6 nos 5 & 6 nos 5 & 6 Ms Ms Ms Geeta Geeta Geeta Joglekar for Respondent-Corporation Joglekar for Respondent-Corporation Joglekar for Respondent-Corporation CORAM CORAM CORAM : : : J.H.BHATIA, J J.H.BHATIA, J J.H.BHATIA, J DATED DATED DATED : : : 19th December, 2007 19th December, 2007 19th December, 2007 P.C. P.C. P.C. 1.1.1. Learnd counsel for the respondent no.1 points Learnd counsel for the respondent no.1 points Learnd counsel for the respondent no.1 points out out out that in all 10 persons have joined in filing a that in all 10 persons have joined in filing a that in all 10 persons have joined in filing a common common common suit suit suit though each of them were issued notices though each of them were issued notices though each of them were issued notices for for for removal of stables. According to her, each of removal of stables. According to her, each of removal of stables. According to her, each of the the the plaintiff gets a separate cause of action on plaintiff gets a separate cause of action on plaintiff gets a separate cause of action on the the the basis of the notices and a common suit could basis of the notices and a common suit could basis of the notices and a common suit could not not not have been filed. It also appears that notices have been filed. It also appears that notices have been filed. It also appears that notices are are are issued under section 394 of the Bombay issued under section 394 of the Bombay issued under section 394 of the Bombay Municipal Municipal Municipal Corporation Act after refusalto renew Corporation Act after refusalto renew Corporation Act after refusalto renew their their their licence for the year 2007-08 and the refusal licence for the year 2007-08 and the refusal licence for the year 2007-08 and the refusal isisis alleged to be based on some alleged to be based on some alleged to be based on some Notification issued otification issued otification issued by by by the the the government in July, 2007. That Notification government in July, 2007. That Notification government in July, 2007. That Notification has has has not not not been produced either before the trial Court been produced either before the trial Court been produced either before the trial Court 2 or or or before this Court. Learned counsel for the before this Court. Learned counsel for the before this Court. Learned counsel for the respondents respondents respondents are not in a position to produce the are not in a position to produce the are not in a position to produce the Notification Notification Notification issued by the government. It is issued by the government. It is issued by the government. It is pointed pointed pointed out that the plaintiff-appellant have also out that the plaintiff-appellant have also out that the plaintiff-appellant have also not not not challenged challenged challenged the refusal to renew the licence for the refusal to renew the licence for the refusal to renew the licence for the the the year 2007-08. In view of these circumstances, year 2007-08. In view of these circumstances, year 2007-08. In view of these circumstances, Mr.Vashi Mr.Vashi Mr.Vashi seeks to withdraw the appeal and also seeks to withdraw the appeal and also seeks to withdraw the appeal and also intends intends intends to withdraw the suit with liberty to file to withdraw the suit with liberty to file to withdraw the suit with liberty to file fresh fresh fresh separate suits for each of the plaintiffs separate suits for each of the plaintiffs separate suits for each of the plaintiffs wherein wherein wherein all the relevant points can be raised. all the relevant points can be raised. all the relevant points can be raised. Learned Learned Learned counsel for the respondent no.1 makes a counsel for the respondent no.1 makes a counsel for the respondent no.1 makes a statement statement statement that the Corporation will not act upon that the Corporation will not act upon that the Corporation will not act upon the the the said notices till 14th January, 2008. said notices till 14th January, 2008. said notices till 14th January, 2008. 2.2.2. Learned counsel also seeks to withdraw Appeal Learned counsel also seeks to withdraw Appeal Learned counsel also seeks to withdraw Appeal No.1009 No.1009 No.1009 of 2007 with liberty to seek refund of the of 2007 with liberty to seek refund of the of 2007 with liberty to seek refund of the deposit deposit deposit amount amount amount in the suit which he intends to file in the suit which he intends to file in the suit which he intends to file after after after withdrawal of the present suit. Therefore, withdrawal of the present suit. Therefore, withdrawal of the present suit. Therefore, both both both the appeals stands disposed of as withdrawn. the appeals stands disposed of as withdrawn. the appeals stands disposed of as withdrawn. (J.H.Bhatia, (J.H.Bhatia, (J.H.Bhatia, J) J) J)