AJN 16-OS-WP1224.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1224 OF 2010 M/s. Adilon Synthetics Pvt. Ltd. ... Petitioners Vs. Mumbai municipal Corporation of Greater Mumbai & Anr. ... Respondents Ms. Daksha M. Shah for the petitioners. Ms. K.R. Punjabi for the B.M.C. CORAM: MRS. RANJANA DESAI & R.V. MORE, JJ. DATED : 16TH SEPTEMBER, 2010. P.C.:- 1. Affidavit in reply has been filed on behalf of the respondents by Vikas A. Rajwadkar, Executive Engineer. Paragraph 9 of the said affidavit reads as under: “9) Without prejudice to the aforesaid contentions the true facts pertaining to the present case are as under : I say that M/s. Adilon Synthetics Pvy.Ltd. AJN 16-OS-WP1224.10 2 is holding license No.761009110 for the trade of spinning or weaving of yarn in an area adm. 378.68 sq.mtr. I say that a circular No.Ch.Eng,/17785/SWM dtd. 14.1.2008 was issued by M.C.G.M. For levy of Trade Refusal Charges (TRC) for all the trades covered under Section 394 of the M.M.C. Act. The said charges were to be effective from 01.01.2008. Accordingly, these Respondents issued letter bearing No.ACKE/761009110/LIC dtd.01.11.2009 to the Petitioner to pay the Trade Refusal Charges. The said letter was protested by the Petitioner. Similarly, various Trader’s Associations also raised their objection to the same. In view of the same, the M.C.G.M. has issued a circular under No.SL/14/2009-10 dtd. 22.01.2010 whereby it is mentioned that the license under Section 394 of the M.M.C. Act be renewed without accepting the TRC till further orders. It is also mentioned that the said issue is pending for finalization before the administration. As and when the final decision with respect to Traded Refuse Charges is taken, the same would be intimated to the Petitioner. I say that the Petitioner’s license has been renewed upto 31.12.2010 without T.R.C. I crave leave to refer to and rely upon the circulars dated 14.01.2008 and 22.01.2010 as and when required.” 2. In view of this, learned counsel for the petitioners seeks permission to withdraw the petition with liberty to file AJN 16-OS-WP1224.10 3 a petition in case the Corporation again demands trade refuse charges. 3. The petition is disposed of as withdrawn with liberty as prayed. 4. We make it clear that we have not expressed any opinion on the merits of the case. [MRS. RANJANA DESAI, J.] [R.V. MORE, J.]