AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1691 OF 2008 IN FIRST APPEAL NO.315 OF 2008 Mr. Essa Mussa Khan (deceased) through Mrs. Malik Essa Sultan Khan & Ors. .... Applicants Vs. Pune Municipal Corporation & Ors. .... Respondents Mr. Vijay Thorat, senior counsel with Mr. Ashwin Shete i/b M/s. Khaitan & Jaykar for the applicants. Mr. S.M. Gorwadkar for respondent 1. CORAM : SMT. RANJANA DESAI & SMT. R.P. SONDURBALDOTA, JJ. DATED : 27TH JUNE, 2008. P.C.:- 1. The present appeal has been admitted. In this civil application, the applicants have prayed that pending the hearing and final disposal of the appeal, respondent 1-Corporation be restrained by an order of injunction from initiating any steps for sale AJN 2 and public auction of the suit premises, in lieu of recovery of the property tax as allegedly demanded by respondent 1-Corporation vide its demand notice dated 20/4/1999. 2. We have heard learned counsel appearing for the applicants and learned counsel appearing for respondent 1. Admittedly, the dispute involved in this appeal pertains to demand notice dated 20/4/1999. The said notice is in the sum of Rs.21,12,299/-. In the circumstances of the case, we feel that the following order will meet the ends of justice. 3. On the applicants depositing an amount of Rs.25 lakhs in this court within a period of three weeks from today, the interim relief already granted to the applicants to continue during the pendency of the appeal. Needless to say that the deposited amount can be withdrawn by respondent 1. However, respondent 1 shall undertake to bring back the amount in case the applicants succeed. Mr. Gorwadkar, learned counsel for respondent 1 made a grievance that the applicants are not paying the current bills. AJN 3 Learned counsel for the applicants disputes this. He submitted that all the current bills are being paid and, there are no arrears. We do not want to go into this aspect. 4. Needless to say that if according to respondent 1 the applicants are not paying the current bills and there are any arrears, respondent 1 shall be entitled to proceed against the applicants in accordance with law and the applicants will be entitled to defend the actions. 5. We record and accept the undertaking given by Mr. Gorwadkar on behalf of respondent 1 that respondent 1 will bring back the withdrawn amount if the applicants succeed in the appeal. 6. Civil application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. R.P. SONDURBALDOTA, J.]