1 Wp3222.11 & 3946.11 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3222 OF 2011 WITH WRIT PETITION NO.3946 OF 2011 ... Valecha Engineering Ltd. ...Petitioner v/s. Thane Municipal Corporation of the City of Thane & Ors. ...Respondents ... Mr.V.Sridharan i/b Sanjay Agarwal for the Petitioner. Mr.R.S.Apate, Sr.Advocate i/b Nr.Bubna for Respondents Nos. 1 & 2. Mr.V.P.Patil, GP for State. ... CORAM: D.K.Deshmukh & R.G.Ketkar, JJ DATED: 15th June, 2011 P.C.: Parties have handed over minutes of order. They are taken on record and marked “X” for identification. Petitions disposed of in terms of the minutes at “X” and the additional conditions mentioned below: (i) Within a period of three days from today the Petitioner will file an undertaking of the Principal Officer undertaking that in the event the Deputy Municipal 2 Wp3222.11 & 3946.11 Commissioner holds that the Petitioner is liable to pay to the Corporation the amount that remains in balan ce from the amount of Rs.91,30,997/-, after deducting from that amount an amount of Rs.9,14,000/- which the Petitioner is depositing pursuant to this order, the Petitioner will, before challenging the order of the Deputy Municipal Commissioner in appropriate forum, deposit the amount with the Municipal Corporation without prejudice to the rights and contention of the Petitioner and subject to the result of the challenge that the Petitioner may raise. (ii) It is clarified that in case the Petitioner satisfies the competent authority of the Municipal Corporation that he has exported the material which is subject matter of this petition, the Petitioner would be refunded the amount if he is so entitled according to law, independently of the order that we have passed. (iii)Petitions disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.) 3 Wp3222.11 & 3946.11 4 Wp3222.11 & 3946.11