IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 445 OF 2005 Shankar Balasaheb Karale ... Petitioner VERSUS The State of Maharashtra & Anr. ... Respondents. Mr. B.G. Tangsali instructed by Mr.Swapnil Pednekar for the Petitioner Mr. N.P. Deshpande, Assistant Government Pleader, for the Respondents. CORAM: DALVEER BHANDARI, C.J., & S. A. BOBDE, J. DATED: FEBRUARY 4, 2005. P.C.: 1.The petitioner is guilty of plying a more than eight years' old commercial vehicle in Mumbai, in clear and flagrant violation of the Order dated 3rd March, 2004 passed by a Division Bench of this Court. The petitioner's vehicle bearing No. MH-12-R-/8526 was detained by respondent No. 2 on 15th September, 2004, which was registered in Pune. Respondent No.2 has, however, released the said truck, but has so far not released the original documents of the said truck. 2.The learned counsel appearing for the petitioner submitted that the petitioner was unaware of the above order of the Division Bench. He has apologised for the lapse, and has given undertaking to the Court that similar lapse will not be repeated. 3.We have heard the learned counsel for the parties at length. 2 4.The learned Assistant Government Pleader submitted that the petitioner is guilty of deliberately violating the order of this Court, whereas, according to the petitioner, the lapse has been committed because of the inadvertence. On consideration of the totality of the facts and circumstances, the learned Assistant Government Pleader suggested that for this lapse, the petitioner be directed to deposit Rs.10,000/- with respondent No.2 – Regional Transport Officer. The learned counsel appearing for the petitioner, on instructions, has undertaken to pay this amount to respondent No.2 immediately. 5.In view of the arrangement between the parties, we direct that the petitioner, or any authorised representative on his behalf, would give undertaking to respondent No.2 not to ply the said vehicle in Mumbai in future. On giving this undertaking and paying the said amount of Rs.10,000/- , the original documents of the said said truck shall be released. 3 6.In compliance with the order of this Court dated 3rd March, 2004, the Office of the Transport Commissioner, State of Maharashtra, is directed to ensure that sign-boards are placed at the entry points to the City, stating that no commercial vehicle over the age of eight years is permitted to enter the City of Mumbai. Let this direction be carried out within two weeks from today. 7.No further directions are necessary. This petition is, accordingly, disposed of. CHIEF JUSTICE S. A. BOBDE, J. 4