1 wp-1432-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1432 OF 2011 M/s Bhagwati Steel Cast Limited ..Petitioner V/s. Brihanmumbai Municipal Corporation & Ors. ...Respondents Mr. L.S.Shetty with Mr. A.M.Sethana and Mr. Srinivas V. i/b L.S.Shetty & Associates for the Petitioner Mr. A.Y.Sakhare, Sr. Advocate with Ms P.A.Purandare for the Respondents CORAM : P.B.MAJMUDAR & R.M. SAVANT, JJ. DATE : 16TH SEPTEMBER, 2011. P.C. :- 1 By way of this Petition, the Petitioner has prayed that the demand notice dated 29-6-2011 issued by the corporation may be set aside. The Assistant Assessor and Collector (octroi) (Roving Vigilance) issued the said demand notice after noticing the fact that the Petitioner has tried to clear its consignment through octroi naka without payment of Octroi duty. 2 The Learned Senior Counsel Mr. Sakhare appearing for Corporation submits that on scrutiny it was found that there is a large scale evasion of payment of octroi duty and also apprehends that some of the corporation employees may be involved, the investigation into the same is presently going on. 2 wp-1432-11 3 The Learned Counsel for the Petitioner submits that without prejudice to its rights and contentions the Petitioner is agreeable to deposit the amount as per the demand notice which comes to Rs. 34,67,676/- 4 After the said amount is deposited, the Respondent No.3 shall give personal hearing to the Petitioner and may pass appropriate orders after hearing the Petitioner and after considering the record in accordance with law and pass a speaking order. The Respondent No.3 shall hear the Petitioner only upon the deposit of the said amount of Rs.34,67,676/- by the Petitioner is made. The Learned Counsel for the Petitioner submits that it will deposit the said amount within two weeks with the Respondent No.3. After such deposit fresh consignments of the Petitioner may be allowed to be cleared on payment of octroi duty as per rules. 5 The Learned Counsel for the Corporation states that in case such an amount is deposited, the future consignments of the Petitioner will not detained provided the regular octroi duty qua the consignments is paid. The said statement is accepted. If the amount is not been deposited by the Petitioner, the Corporation to act in accordance with law regarding the outstanding demand. 6 In case the Respondent No.3 ultimately comes to the conclusion that the Petitioner is entitled to refund of the Octroi amount in question, the amount in question shall be refunded within a period of 3 wp-1432-11 one week from such order. In case the order of the Respondent No.3 is against the Petitioner, it will be open for the Petitioner to take proper proceedings in accordance with law. It is made clear that all the contentions of the parties are kept open for being urged before the Assistant Assessor and Collector. 5 With the aforesaid observations the Writ Petition is disposed of. (R.M.Savant, J.) (P.B.Majmudar, J.)