21d. wp 604­11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 604 OF 2011 Manoj Jagdish Arora .. Petitioner Vs The Municipal Corporation of Greater Mumbai & Anr .. Respondents Mr. Siddheshwar B. Kalel for the Petitioner Mrs. M.H. Mhatre, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. P.C.: 1. Production of this petition was permitted and the petition is listed before us at 03.00 p.m. The petitioner prays for writ of mandamus directing the respondents to immediately release the vehicle in question bearing registration no. GJ-05-AU-5698 along with bales of clothes therein, in favour of the petitioner. The petitioner has also prayed for further reliefs. 2. The learned Counsel for the parties submitted before us that in similar matter, a Division Bench of this Court, while deciding Criminal Writ Petition No. 384 of 2011 had issued certain directions and had finally disposed of the petition. The learned Counsel for the parties therefore request that this petition be 1 21d. wp 604­11.doc disposed of finally in terms of the earlier order passed by the Division Bench, dated 8th February 2011 in Criminal Writ Petition No. 384 of 2011. 3. Accordingly, we pass the following order: O R D E R 1. As soon as the petitioner pays the deficit octroi amount and / or other charges and also complies with all the formalities for release of goods and vehicle in question, the Corporation shall release the goods and vehicle forthwith and in any case, not later than four weeks from today. This direction is issued on the assumption that the petitioner would comply with his obligation not later than two weeks from today. 2. The above arrangement will be without prejudice to the option available to the Corporation to prosecute the petitioner and raise demand for further amount towards penalty / fine from the petitioner in the event the petitioner was to be convicted in connection with the said prosecution. 3. We make it clear that we are not expressing any opinion one way or the other with regard to the seizure and attachment of the goods and vehicle in question. If the proposed criminal action is instituted by the Corporation, the same will have to be 2 21d. wp 604­11.doc decided on its own merits in accordance with law. 4. Ordered accordingly. 5. Copy of this order duly authenticated be provided to the learned Counsel for the parties to act upon the same. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 3 21d. wp 604­11.doc 4