wp3981-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3981 OF 2011 M/s.Lakshachandi Columbia Developers .. Petitioners Versus Municipal Corporation of Gr. Mumbai .. Respondents Mrs.Nilima Sanglikar for petitioners Mr.M.M.Malvankar for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. 6th JUNE 2011. P.C.: 1] The order under challenge is dated 27th April 2011 delivered by the Chief Judge, Small Causes Court, Mumbai below Exhibit “6” in Municipal Appeal St.No.149 of 2010. 2] It is common ground that the petitioner is the original appellant in this appeal. The appellant has filed municipal appeal disputing and challenging the demand for recovery of property tax of Rs.19,91,542/- for a period commencing from 1st October 2008 to 31st March 2010. It is further common ground that in terms of statutory provisions in question, this appeal cannot be heard and disposed of unless the petitioner – appellant deposits the tax demanded as due and payable by the Corporation. The appellant applied under section 217(2)(d) and prayed wp3981-11.doc 2 that the condition of pre-deposit be waived, which application having been rejected, this petition is filed. 3] After this petition was heard for some time and the order under challenge was perused, Mrs.Sanglikar learned Advocate appearing for petitioner on instructions of the petitioners' representative, who is present in court, seeks time to comply with the condition imposed by the Appellate Authority. It is stated that the appeal would stand dismissed today because time to pay the amount demanded has expired. 4] After having heard the parties at length and considering the peculiar facts of this case, time to deposit is extended by six weeks from today. If within this period the amount is deposited, the appellate authority to hear and dispose of the appeal on merits and in accordance with law. Needless to clarify that if no compliance is made, the municipal appeal to stand dismissed without further reference to Court. Petition disposed of accordingly. No costs. (S.C.DHARMADHIKARI, J)