IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2424 OF 2007 Stiefel India Pvt.Ltd. ...Petitioner Versus Municipal Corpn.of Gr.Mumbai & Ors. ...Respondents ...... Mr.Aditya Chitale for Petitioner. Ms.Archana Joshi for Respondents 1 to 4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. DECEMBER 20, 2007. DECEMBER 20, 2007. DECEMBER 20, 2007. P.C. P.C. P.C. 1. Counsel for the Corporation states on instructions that the Department has decided to launch prosecution against the Petitioner for evasion of Octroi and related act of commission and omission. She further states that as the Petitioner has already paid the Octroi amount as demanded, the goods in question will be returned to the Petitioner. That, however, will not preclude the Corporation from instituting prosecution : 2 : against the Petitioner as aforesaid. 2. I am in agreement with the submission made by the Counsel for the Respondents that the Respondent Corporation will be free to institute or resort to such action against the Petitioner as may be permissible by law which proceedings will have to be decided on its own merits. The statement made on behalf of the Respondent Corporation that the goods will be returned to the Petitioner is accepted. The goods will be released subject to encashment of demand draft towards amount of Octroi charges given by the Petitioner in replacement of the earlier demand draft whose validity period has already expired. 3. In view of the above, nothing survives for consideration in this Petition. Petition disposed of on the above terms. A.M.KHANWILKAR, J.