1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.748 OF 2009 M/s. Reliance Infratel Ltd. ..Appellants. Vs. The Mumbai Municipal Corporation and ors. ..Respondents. Mr. S.S. Kulkarni for the Appellants. Mrs. K.K. Soraam for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 30TH JULY, 2009 PC : 1. This is an appeal filed by the original plaintiffs impugning an order dated 9.7.2009 passed by the City Civil Court dismissing the notice of motion filed by the plaintiffs in L.C. Suit No.1446/2009. The plaintiffs have put up a mobile tower on a building which is under the management of the co-operative society. On behalf of the appellants, it is contended that on 30.3.2009 through their Architects, they made an application to the B.M.C. for grant of permission. 2 They contended that the said application is still pending and pending the application since they commenced the erection of the tower and ancillary structure, stop work notice was given under section 354(A) of the Act. It is sought to be contended that under Section 53 of the MRTP Act the plaintiffs had right to effect construction if there was no rejection of the application within a period one month. It is however, admitted that this point was not taken either in the reply to the notice U/s.354 of the Act or even in the plaint. Subsequently they have replied the notice and considering the reply they were directed to remove the mobile tower within three days. It is seen that, till today no permission is granted by the respondent-Corporation. Notice of motion is therefore, rightly rejected by the trial court. However, the direction that the plaintiffs to remove the mobile tower at its own costs within a period of 8 days, cannot be passed in the plaintiffs suit, same direction is therefore, 3 quashed. It is however, made clear that this will not preclude the respondent Corporation from taking action in pursuance of the impugned order, if they so desire. Subject to this modification, impugned order is confirmed and appeal is disposed off. ( R.S.MOHITE, J.)