1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1842 OF 2007 Akhtar Hussain Khan .. Petitioner Vs. Municipal Corporation of Greater Mumbai & Anr. .. Respondents Mr.J.P.Cama, Sr.Advocate i/b M/s.Sanjay Udeshi for the petitioner Ms.A.K.Savla for respondent nos.1 and 2 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 9TH SEPTEMBER, 2008 DATED : 9TH SEPTEMBER, 2008 DATED : 9TH SEPTEMBER, 2008 P.C.: 1. Heard 2. The learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the petition in view of the concession offered by the respondent Municipal Corporation as spelt out in Exhibit ’A’ by the Deputy Chief Engineer Traffic i.e. having given deduction in 2 Monthly Licence Fee for a period of 54 days i.e. from 10.03.03 to 31.03.03 for 22 days, from 01.04.03 to 12.04.03 for 12 days and from 21.04.03 to 12.06.03 for 20 days due to assembly sessions and events at Vidhan Bhavan which prevented the petitioner from exploiting the subject contract of pay and park scheme at Vidhan Bhavan, Mantralaya. 3. Mr.Cama, the learned Senior Advocate for the petitioner submitted that in the affidavit in reply it has been contended by the respondent that as referred in clause 29 of the contract, it certainly means for a temporary period in the long run of 24 months time and the word temporary should not be for a shorter meaning as existing to a few hours and that the work ’temporary’ is to be considered to have a vast and broader meaning and the respondents have accepted that they are granting reduction in monthly licence fee for the closer of location for the longer period as per clause 29 of the contract. 4. Mr.Cama, the learned Senior Advocate appearing for the petitioner submits that he may be 3 permitted to approach the respondents for seeking clarification in respect of interpretation of clause 29 of the terms of contract in its correct perspective. 5. In our view, no permission is required and it is always up to the parties to seek clarification in the matter by pointing out to the respondents as to the construction of the words ’few hours’ and also instances where the authorities has closed down the parking lots from periods of more than just few hours so that the parties are aware of the correct meaning of the terms of the contract if there is any vagueness in the matter. 6. With these observations, we dispose of the petition as withdrawn. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )