FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.772 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.Palan alongwith Mr.Dave i/b M/s.Dave & Co. for the petitioner. Mr.Karmalkar i/b M/s.G.S.Hegde & Associates for respondent no.1. Mr.V.P.Malvankar AGP for respondent no.3. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. DATED: 16TH MARCH, 2009. DATED: 16TH MARCH, 2009. DATED: 16TH MARCH, 2009. P.C.: P.C.: P.C.: . Heard. 2. The petitioner’s unauthorised construction has been demolished and the generator which was stationed in the premises was taken away by respondent no.1. Respondent No.1 has kept that generator by way of security for penalty of Rs.70,000/- to be levied on the petitioner. Under these circumstances it is for the petitioner to approach the concerned respondent no.1 and get the generator from them by paying this amount. At this stage we refrain to entertain the petition. The petition is rejected. We have not passed the order on merit holding that the petitioner is liable to pay the penalty. The dispute in respect of penalty is kept open to be raised in appropriate proceedings. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)