1 wp8338-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8338 OF 2010 AXIS Bank Limited ..Petitioner Vs Pimpri Chinchwad Municipal Corporation and anr. ..Respondents -- Mr.A.B.Shinde, for petitioner. Mr.S.R.Ganbawale, for respondent no.1. Mrs.Molina Thakur, AGP for respondent no.2. -- CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 10 th MARCH, 2011 P.C: The petitioner has challenged in this petition the Demand Notice dated 6 th February, 2010 issued by the first respondent. The basic grievance of the petitioner is as regards penalty charges imposed by the first respondent. Learned counsel for the petitioner has relied upon a judgment of this Court in Axis Bank Limited Vs.Pune Municipal Corporation in Writ Petition No.2002 of 2010 dated 18 th March, 2010 wherein, after following the decision of this Court in M/s.Dhoot Agencies Pvt. Ltd. Vs. Aurangabad Municipal Corporation and ors., 2000(1)All.M.R.421 and in Writ Petition No.9343 of 2009 dated 17 th November, 2009 in Bank of Baroda Vs. Pune Municipal Corporation this Court has observed that if any party refuses to compound the offence, the Corporation cannot demand compounding fine from such a party. The question of demanding 2 wp8338-10.sxw compounding fine would arise only if the Corporation were to launch criminal action and the same ought to result into conviction. Learned counsel for the respondent no.1 – Corporation fairly states that present case is covered by the above mentioned judgments. 2] Learned counsel for the petitioner states that the petitioner has no grievance about the payment of Octroi duty. He states that within a period of one week, the Octroi duty which is to the tune of Rs.1,16,434/- will be paid. This statement is accepted. 3] In the circumstances, the petition is made absolute in terms of prayer clause (a). Needless to say that the first respondent would be at liberty to lodge prosecution if it so desires. Petition is disposed of in the above terms. [R.G.KETKAR, J.] [SMT.RANJANA DESAI, J.]