1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.391 OF 2010 Rolta Holding & Finance Corpn.Ltd. ...Petitioner vs. 1.State of Maharashtra & Ors. ...Respondents --- Mr.P.K.Dhakephalkar, Sr.Advocate with Mr.Madhav Jamdar i/b. Kanga & Co., for Petitioner. Mr.S.R.Nargolkar, AGP for Respondent no.1. Mr.R.S.Apte, Sr.Advocate with Mr.A.A.Garge, for Respondent nos. 2 to 5. CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 18th January,2010. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. By consent of parties, the petition is disposed of in the following terms:- (i) There is a right of appeal available to the petitioner. The petitioner has already filed appeal. 2 There are certain discrepancies in following the procedure. The petitioner will remove the discrepancies that may be pointed out by the Corporation within a period of one week from today. The Corporation then consider that appeal in accordance with law and dispose it of in accordance with law, by a reasoned order as expeditiously as possible in any case within a period of six weeks from today. (ii) The impugned order dated 5.1.2010, a copy of which is at Exhibit H to the petition, is set aside. (iii) The petitioner has undertaken before us to furnish a bank guarantee in the amount of Rs. 22,00,000/- (Rupees Twenty Two lakhs only) within a period of one week from today to the satisfaction of the Cess Officer (Enforcement), Navi Mumbai Municipal Corporation. (iv) In view of the undertaking given by the petitioner, the Corporation is restrained from 3 adopting any coercive measures for recovery of the amount of cess which is impugned in the Appeal pending before the Corporation. In case, as a result of the Appeal some amount becomes recoverable from the petitioner, that amount shall not be recovered by the Corporation by invoking bank guarantee for a period of two weeks from the date on which order on the appeal is communicated to the petitioner. The petition is disposed of. Parties to act on the authenticated copy of this order duly authenticated by the Associate of this Court. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)