1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 1305 OF 2009 IN WRIT PETITION NO. 5530 OF 2004 1. The State of Maharashtra and ors. ..Applicants Vs. M/s. The Kolhapur Sugar Mills Ltd. ..Respondent Mr. V.A. Sonpal, AGP for applicants. Mr. D.B. Sawant for respondent CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. July 30, 2009. P.C. 1. We have heard the learned counsel for the parties. This application prays for modification of the interim order passed by this court and reliance has been placed in this regard on the judgment rendered by the Apex Court in the case of State of Maharashtra and ors. vs. Nagpur Distillers, Nagpur and anr. [AIR 2006 SC 1987]. 2. The learned AGP has placed before us a copy of the order passed by Court No.1 on 2/3/2009 in Civil Application No. 718 of 2008 filed in Writ Petition No. 5467 of 2001. 3. We hereby allow the application in terms of the order passed by this 2 court in Writ Petition No. 5467 of 2001 on 2/3/2009 and we direct the respondent – non applicant to deposit 50% of the demand amount within four weeks from today ad they shall continue to do so in future as well. They shall furnish an undertaking that in the event if the petition fails, they shall deposit the balance amount. 4. We make it clear that in the event the respondent succeeds in the challenge, the State shall repay the amount to the respondent with interest of 9% per annum from the date of payment till the date of refund. 5. The learned counsel for the respondent, at this stage, submitted an oral application for stay to this order. Oral application is rejected. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)