1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.672 OF 2009 Modern Enterprises ....Appellant V/s. Pimpri-Chinchwad Municipal Corpn. & Ors. ....Respondents Mr.K.D. Saman for the Appellant. None for the Respondents. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 9TH JUNE, 2009. P.C. : 1. We have heard the learned counsel for the Appellant which is a registered partnership firm and has been carrying on the business of manufacturing of job work to be supplied to automobile industries. The Appellant had filed Special Civil Suit No.1800 of 2006 seeking permanent injunction against the Respondent – Corporation from demanding /claiming payment of octroi. As per the Corporation, between the period from 1.4.2000 to 21.3.2005, there was a recovery of Rs.18,47,900/- by way of payment of octroi and the same was claimed by issuing a demand notice dated 17.6.2005. Reminder was issued on 16.10.2006 and finally the Appellant filed the Special Civil Suit as noted herein above and challenged the 2 demand notices. 2. The issue of maintainability of the suit was taken up by the Respondent – Corporation in view of the statutory remedy of filing an appeal. The learned Judge of the trial Court referred to the provisions of Bombay Provincial Municipal Corporation Act, 1949 and more particularly the provisions of Sections 405, 406(2)(c),473 and 474 therein and noted that the Plaintiff had a remedy of appeal and when such a remedy of appeal was provided under the said Act, the suit was not maintainable and on that ground the suit came to be dismissed. 3. We have gone through the relevant provisions of the said Act and we do not find any error committed by the trial Court in dismissing the suit. 4. Hence this appeal fails and the same is hereby dismissed. We make it clear that this order will not come in the way of the Appellant to file an appeal as permissible under the Bombay Provincial Municipal Corporation Act, 1949 and the said appeal will have to be considered on its own merits without being influenced by this order. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)