Mr. Shashank Genuji Shinde v. Municipal Corporation Of Greater Mumbai And ANR

10 AO 952 OF 2015 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.952 OF 2015 WITHU CIVIL APPLICATION NO.1166 OF 2015 Shashank Genuji Shinde ...

Appellant V/s.

Municipal Corporation of Greater Mumbai and anr ...

Respondents Mrs. Pooja Pande, for the appellant.

Mrs. Madhuri More, for respondent corporation. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 29th OCTOBER, 2018.

P.C. :

1] Learned counsel for respondent submits, on written instructions from Assistant Engineer (B & F) "E" ward, that as the Notice was not issued on correct address of the appellant fresh notice will be issued to the appellant under Section 351 of the M.M.C Act. 2] In view thereof, learned counsel for appellant seeks leave to withdraw the appeal and the suit with liberty to file fresh suit and the appeal if required.

3] The appeal and the suit are disposed off as withdrawn 1/2

10 AO 952 OF 2015 with liberty as sought.

4] In view of withdrawal of Appeal, pending Civil Application therein no more survives and the same is disposed off accordingly. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2