-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2909 OF 2004 Bait-Ul-Saba Ekta Co-operative Housing Society Ltd............)..PETITIONERS Versus Municipal Corporation for Greater Bombay.........................)..RESPONDENT Mr.S.K. Sthalekar, for the Petitioner Mrs. A.R. Joshi, for the Respondents. CORAM: CORAM: CORAM: F.I. REBELLO J. F.I. REBELLO J. F.I. REBELLO J. DATE DATE DATE : 6th December, 2004 : 6th December, 2004 : 6th December, 2004 P.C.: . Rule. Heard forthwith. 2. The petitioner by the present petition challenges the order of attachment issued by the respondents. That order came to be passed on failure by the petitioner herein to pay the taxes which were duly assessed. The ratable value has been fixed by the respondents and that has not been challenged by the petitioners herein. The petitioners do have a remedy even if now belated to prefer an Appeal. 3. On instructions learned Counsel for the petitioners states that they will prefer an Appeal. The only prayer is if the Appeal is preferred the delay in preferring the Appeal should not be contested by the respondents herein. On behalf of the respondents learned Counsel contends that if the Appeal is preferred within eight weeks from today the respondents would not contest the point of limitation in the Appeal, which -2- then will be heard according to law. In the meantime until filing of the Appeal and orders obtained from the Competent Authority the order of attachment not to be given effect to for a period of 12 weeks from today. 4. Rule made absolute accordingly. No order as to costs. (F.I.REBELLO, (F.I.REBELLO, (F.I.REBELLO, J.) J.) J.)