1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2255/2008 M/s Sunil Hotels Pvt.Ltd. Petitioner Vs. Brihan Mumbai Mahangarpalika & Ors. Respondents Mr.Pankaj C.Kansara for the petitioner Ms.Shobha Ajitha Kumar for Res.1 to 3 Mr.Shekhar Ingawale for Res.State CORAM: S.J.VAZIFDAR,J. DATE : 7th January,2009. P.C. 1] Admit. 2] Heard finaly. 3] The petitioner has challenged an order dated 21st August,2008 revoking the eating house license granted to it u/s 394 of the M.M.C.Act . 4] Admittedly the petitioner was not heard. It was contended that the petitioner was not heard because the petitioner did not respond to the show cause notice dated 29th July,2008. On the other hand the petitioner contends that although the show cause 2 notice was received , it was received by the employee and that the said did not come to the notice of the concerned officer or directors. 5] In the facts and circumstances of the case no purpose will be served by delaying the matter for consideration of this aspect . The ends of justice will be met by the following order. [i] The impugned order dated 21st August,2008 is quashed and set aside. [ii] The petitioner shall be entitled to reply the show cause notice dated 29th July,2008 on or before 21st January, 2009. [iii] The petitioner will appear before the Dy. Municipal Commissioner,Zone-III at 11 a.m. on 28th January, 2009 and thereafter as directed by the Dy.Municipal Commissioner, Zone-III. [iv] The petitioner shall not seek any adjournment. [v] The petitioner shall maintain status quo in respect of the premises in all respects and shall not carry out any additions, alterations or even renovation work without the leave of the Court. 3 [vi] The petitioner shall only be permitted to serve the meals to the customers as it did prior to the order. The petition is disposed of accordingly.