1 384.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.384 OF 2011 Pawan Kumar Khandelwal ...Petitioner Versus The Municipal Corporation of Greater Mumbai & Anr. ...Respondents ...... Mr.S.B.Kalel for Petitioner. Ms.Seema Rawade for Respondent No.1/B.M.C. Ms.S.V.Gajare, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 8, 2011. P.C. 1. Counsel for respondent No.1, in all fairness, submits that this Petition can be disposed of on the same terms as specified in Criminal Writ Petition No.3629 of 2010 decided on 10th January, 2011 in the case of Mayur Pravinkumar Mehta v. State of Maharashtra & Ors. The Petition is accordingly disposed of on the following terms : (i) As soon as the petitioner pays the deficit octroi amount and/or other charges and also complies with all the formalities for release of goods and vehicle in question, the Corporation shall release the 2 384.11 goods and vehicle forthwith and in any case, not later than four weeks from today. This direction is issued on the assumption that the petitioner would comply with his obligation not later than two weeks from today. (ii) The above arrangement will be without prejudice to the option available to the Corporation to prosecute the petitioner and raise demand for further amount towards penalty/fine from the petitioner in the event the petitioner was to be convicted in connection with the said prosecution. (iii) We make it clear that we are not expressing any opinion one way or the other with regard to the seizure and attachment of the goods and vehicle in question. If the proposed criminal action is instituted by the Corporation, the same will have to be decided on its own merits in accordance with law. Ordered accordingly. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)