Section 31H(2) in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
(2)Any such landlord seeking to evict the tenant on the grounds specified in section 13A1, may, if he has also already proceeded against the tenant in a suit or in a proceeding in the Court, withdraw the suit or proceeding in relation to the claim made therein with leave of Court and proceed against the tenant in accordance with the provisions of this Part.