The High Court dismissed the writ petition as withdrawn by the petitioner. The court left the parties' contentions open and dismissed the matter specifically as withdrawn without prejudice to their rights.
Petition dismissed as withdrawn without prejudice to the rights of the parties.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.95 OF 2009
M/s. Bhagwati Veg Restaurant Vs.
The Municipal Corporation of Greater Mumbai and another.
... Petitioner
... Respondents
Mr. M.M. Vashi i/by Mr. J.J. Shah for the petitioner. Ms. Anjali Joshi for the BMC.
CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE : 20TH MARCH, 2009
P.C.:
The learned counsel appearing for the petitioner submits that without prejudice to their rights and contentions, they had removed the structure and wish to raise a specific plea that they desire to reconstruct it after permissions are received under law. He wishes to pursue this matter with the Corporation. The learned counsel appearing for the Corporation submits that the permission has already been refused by the Executive Engineer (Building Proposals) since it is in the compulsory open space and the petitioner cannot get the permission.
2 . Be that as it may, we leave the contention of the learned
counsel appearing for the parties open. Petitioner wishes to withdraw this petition with liberty to take such steps as are permissible in accordance with law. Petition stands dismissed as withdrawn without
prejudice to the rights and contentions of the parties.
CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J.
M/s. Bhagwati Veg Restaurant
The Municipal Corporation of Greater Mumbai
Swatanter Kumar
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
