Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9342 OF 2009 Bank of Baroda ....Petitioners Vs. Nashik Municipal Corporation & Anr....Respondents ----------------------------------------------------------------------- Office Notes, Office : Memoranda of Coram, : Court's or Judge's orders appearances,Court 's : orders or directions & : Registrar s orders . : ----------------------------------------------------------------------- Mr. Anant B. Shinde, for the Petitioners Mr. M.L. Patil, for respondent No.1. Mr. V.S. Masurkar, Govt. Pleader for No.2. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 14th December 2009. P.C.: The matter was placed on board for directions as certain typographical errors were pointed out by the Registry which were not carried out in the order dated 30th November, 2009. In the light of that in para.2 on page 2 for the words penalty the same be substituted by the word fine . In para.3 substitute the figure 9343 by the figure 9743 of 2009 and in the 6 th line after the word judgment add dated 17th November, 2009 . Substitute paragraph 4 by the following paragraph:- 4. The learned Counsel for the respondent No.1 sought to distinguish the facts of their case from the Pune case contending that their Rules are different and took us to the various provisions of the Bombay Provincial Municipal Corporation Act in the matter of levy of tax. The petitioners are not disputing the power to collect tax or for that matter the power of penalty or fine. Submission of the Petitioner is that no fine can be demanded where the party is not ready to compound. The only fine that can be recovered is the amount of fine imposed upon them under the Act on prosecution and which can be maximum of 10 times of the amount of tax . 5. The order dated 30th November, 2009 stands corrected accordingly. (J.H. BHATIA, J.) (F.I. REBELLO, J.)