- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4210 OF 2010 Jagat Malkani ... Petitioner vs Union of India & ors ...Respondents Mr.Jitu Motwani i.b PDS Legal for Petitioner Mr.Sandip Parikh a/w Mr.Kamlesh Patel i.b Deven Dwarkadas & Partners for Respt no.3 ... CORAM: R.M.SAVANT & MRS.MRIDULA BHATKAR,JJ (Vacation Court) DATE: 14th May,2010 P.C. 1. This petition has been filed seeking a direction against the respondents especially respondent no.3 in respect of the compliance of the order dated 6.5.2010 passed by the division bench of this court (V.C.Daga and K.K.Tated, JJ). The learned counsel for the petitioner states that by communication dated 13.5.2010 the respondent no.3 has intimated to the petitioner that in terms of the directions issued in para 7 of the said order, the amount of demurrage charges/loaded ground rent for - 2 - period of 12 days is Rs.15867/- which the petitioner have already paid. Learned counsel for the petitioner further states that since the respondent no.3 has mentioned in the said communication that the said amount is calculated without prejudice to its rights and contentions for claiming an higher amount of demurrage charges, the petitioner is willing to pay the said higher amount as will be communicated by the respondent no.3. The learned counsel for the respondent no.3 on instructions of the concerned officer states that an amount of Rs. 1,96,208/- is payable by the petitioner for a period of 102 days. Learned counsel for the petitioner states that the said amount would also be paid by the petitioner to the respondent no.3 minus the amount which is already been paid i.e Rs.15867/- in the course of the day. 2. Since there is some dispute as regards whether the petitioner is liable to pay the higher amount, hence, though the petitioner would be paying the said higher amount, the same would be without prejudice to the rights and contentions of the petitioner as regards his liability to pay the said higher amount. The parties in that respect would be - 3 - governed by the final orders that would be passed in the said writ petition No.3310/2010. 2. On such payment being made by the petitioner today, the vehicle in question would be released today subject to the petitioner fulfilling other requirements if any. The Writ petition is accordingly disposed of. MRS.MRIDULA BHATKAR, J R.M.SAVANT, J - 4 -