1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7816 OF 2008 Shri Hirji Kanji Savla. ..Petitioner. V/s. Municipal Corporation of Gr.Bombay & Ors. ..Respondents. Mr.Anil Singh i/b. Mr.D.R.Shah for petitioner. Mr.M.M.Malvankar i/b. Mr.A.K.Nandanwar for Respondent-BMC. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 21, 2009. DATE : JANUARY 21, 2009. DATE : JANUARY 21, 2009. P.C. : P.C. : P.C. : 1. Heard. 2. In deference to the observations made by the Court at the time of hearing of Petition, Counsel for the Petitioner has fairly submitted that the Petitioner shall withdraw this Petition, if leave to file fresh suit against the Notice issued under section 53 of MRTP Act was kept in tact. There is no difficulty in accepting this request. 3. In the circumstances, Petition is allowed to be withdrawn with liberty to the Petitioner to file fresh suit against the notice issued under section 53 2 of the MRTP Act dated 15th April, 2008 to enable the Petitioner to pursue with that remedy and to ask for appropriate interim relief during the pendency of the said action. Indeed, the proposed suit and interlocutory applications filed therein shall be decided on its own merits in accordance with law. All questions therein are left open. 4. The order of status quo passed in the pending suit shall continue for a period of four weeks from today. 5. If the Petitioner fails to file fresh suit in terms of the liberty granted under this order, in that event, the status quo order granted by the trial Court in the pending suit shall automatically stand vacated without further reference to the Court and the Respondent Corporation will be free to proceed in relation to the suit structure in accordance with the law. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)