mst 1 NMW.443.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTIONN NO.443 OF 2010 IN WRIT PETITION NO. 1076 OF 2010 Mohammedali Chottu Sheikh Applicant versus Municipal Corporation of Greater Mumbai Respondent Ms.Geeta Jogalekar, adv. for MCGB (Org.respondent) None for respondents (Org.Petitioners). CORAM : MOHIT S. SHAH, C.J. AND DR. D.Y. CHANDRACHUD, J. DATE : 29th September 2010 P. C. : 1. Ms.Geeta Jogalekar, learned counsel for the Municipal Corporation states that the advocate for the original petitioner who appeared for the petitioner on the earlier occasion on 14th May 2010 as well as the petitioner have declined to accept the service of this Notice of Motion. In view of the above, we permit the Municipal Corporation to give a notice to the original petitioner pointing out that in view of the default being made by the petitioner in not paying the amount towards octroi and penalty, the Municipal Corporation will auction the goods and recover the amounts towards octroi and penalty without prejudice to the petitioner’s rights to challenge the levy of octroi and penalty. The Municipal Corporation shall give such a notice three days before the auction. The learned counsel for the Municipal Corporation mst 2 NMW.443.2010 states that the Municipal Corporation will also recover the security charges from the petitioner. If the Municipal Corporation has power to recover such charges, the Corporation will do that in accordance with law. 2. The learned counsel for the Corporation also undertakes to file affidavit of service within three days from today. The Notice of Motion is disposed of. CHIEF JUSTICE DR. D.Y.CHANDRACHUD, J.