1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 704 OF 2011 M/s.Micromax Informatics Ltd. .. Petitioners V/s The Municipal Corporation of Gr.Mumbai & Ors. .. Respondents Mr.Milind Sathaye, Senior Advocate with Mr.Birendra Saraf, Mr.Hitesh Jain, Ms.Shruti Gupta and Mr.I.Jain for the petitioners. Mr.B.D.Joshi with Ms.Priti Purandare for the Mumbai Municipal Corporation. Ms.Sindha Shridharan, AGP for the State. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 7th June, 2011 P.C.: Heard learned counsel appearing for the parties. By consent of the parties writ petition is disposed of in the following terms:- 1. The amount which has been deposited by the petitioners in this Court pursuant to the interim order dated 04.05.2011 shall be permitted to be withdrawn by the Corporation. 2. Within a period of two weeks from today, the petitioners shall be at liberty to make representation to the Joint Municipal Commissioner in relation to the communication dated 18.03.2011, a copy of which is at Exh.`A’ to the petition. 2 3. The Joint Municipal Commissioner shall decide that representation in accordance with law, after granting an opportunity of being heard to the petitioners, as expeditiously as possible, within a period of eight weeks from the date of that representation by a reasoned order. 4. Both the parties, if they feel aggrieved by that order to be passed by the Joint Municipal Commissioner, they would be at liberty to adopt appropriate remedy as may be available to them against that order. 5. If the Joint Municipal Commissioner holds that the part of the amount or the entire amount, that is to be withdrawn by the Corporation pursuant to this order, is refundable to the petitioners, the Corporation shall not be entitled to challenge the order of the Joint Municipal Commissioner without first refunding that amount to the petitioners. In any case that amount shall be refunded by the Corporation to the petitioners if so directed by the Joint Municipal Commissioner, within a period of two weeks of the Joint Municipal Commissioner making that order. 6. All contentions of both sides are kept open, as also the remedy that may be available to both sides against the order that may be made by the Joint Municipal Commissioner is also kept open. Petition is disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)