IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 6297 OF 2008 WRIT PETITION NO. 6297 OF 2008 WRIT PETITION NO. 6297 OF 2008 1. Forbes Marshall Private Ltd. & anr.] .. Petitioners Versus 1. The Pimpri Cinchwad Municipal Corpn] & anr. ] .. Respondents Mr. E.P. Bharucha, senior counsel with Mr. Cyrus Bharucha, Mohan Salian and Ayush Gupta i/b M/s. Gagrats for the petitioners. Mr. N.V. Walawalkar, senior counsel i/b Sudhir Prabhu for the respondents. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 5TH JANUARY, 2009 P.C. : 1. Heard both sides. 2. The challenge in the present Writ Petition is in respect of the difference of octroi which is being claimed by the respondent-corporation. However, to challenge such a demand, the appellate remedy is available to the petitioners and, therefore, we refrain to entertain the Writ Petition. : 2 : 3. However, the learned senior counsel for the petitioners submitted that while following process of this Petition, the petitioners have lost the period of limitation which is provided for preferring appeal and, therefore, requested for condoning the same and giving permission to the petitioners to file appeal. Mr. Walawalkar, the learned senior counsel for the respondent-corporation very fairly submitted that he has no objection for granting such condonation and allowing the petitioners to file appeal. We, therefore, proceed to pass the following order. O R D E R : (i) The Petition is allowed to be withdrawn with liberty to the petitioners to prefer an appeal under section 406 of The Bombay Provincial Municipal Corporation Act, 1949. (ii) The said appeal shall be filed in accordance with law and rules provided under the said Act. In view of the concession given by the respondents, we direct the appellate authority not to raise objection : 3 : with regard to the limitation provided the said appeal is filed within a period of two weeks from today with the appellate authority. (iii) Writ Petition, accordingly, stands disposed of. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]