IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 217 OF 2011 IN WRIT PETITION NO. 316 OF 2009 M/S. R. S. SHETYE AND BROS AND ANR., ... Applicants Versus STATE OF GOA THROUGH CHIEF SECRETARY ... Respondent Mr. A. N. S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for the applicants. Mr. S. S. Kantak, Advocate General with Mr. A. Kamat, Additional Government Advocate for respondent. Coram:- A. P. LAVANDE & SMT. R. P. SONDURBALDOTA, JJ. Date:- 20th October, 2011 P.C.: Heard Shri A.N.S. Nadkarni, learned Senior Counsel for the applicants and Shri S.S. Kantak, learned Advocate General for the respondent. 2. Rule is already issued in the above petition. 3. In the matter involving similar issue, interim relief has been refused to the applicants. Hence, interim relief is refused. However, in so far as prosecution of the applicant under Section 9 of the Act is concerned, we accept the statement made by the learned Advocate General to the effect that the State Government would not initiate any proceedings in terms of Section 9 of the Act against the applicant for non-payment of the amount due in terms of the demand notice for the period up to 6/10/2010. 4. Needless to mention that the recovery of any cess shall be subject to the result of the Writ Petition and if the Writ petition succeeds the applicant shall be entitled to recover all the amounts paid without being compelled to take recourse to any other proceedings. The issue of entitlement of interest on such amount is kept open. 5. The application stands disposed of. A. P. LAVANDE, J. SMT. R. P. SONDURBALDOTA, J. vn