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Bombay High CourtWP/11292/2022disposed off

Afzal Abdul Razzak Memon v. The State Of Maharashtra Thr Its Secretary Transport Dept And ORS

2022-09-28Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

bipin prithiani 17-wp-11292.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11292 OF 2022 Afzal Abdul Razzak Memon ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents ****** Mr. Rakesh Bhatkar a/w Mr. Mohit Dalvi and Mr. Mohan Devkule for the Petitioner.

Mrs. M. P. Thakur, AGP for the State.

****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 28th SEPTEMBER, 2022 P.C. :- .

The Petitioner's vehicle (Ambulance) has been detained by Respondent No.2 - Commissioner of Transport, State of Maharashtra on the ground that vehicle had entered into the Mumbai City wherein there was an apprehension for such vehicles which was more than eight years old.

2.

It is submitted that in similar circumstances, this Court had passed orders in various Petitions permitting the release of such vehicle on payment of required penalty and on filing undertaking before this Court that the vehicle will not be brought to the limits of this Mumbai City. That such orders are annexed to this Petition. The Petitioner would file similar undertaking before this Court. 3.

Considering the aforesaid circumstances, we pass the following order:

bipin prithiani 17-wp-11292.22.doc

ORDER

(i) The undertaking of the Petitioner is accepted. (ii) In view of undertaking and in view of willingness shown by the Petitioner to pay an amount of Rs.15,000/- (Fifteen Thousand Rupees) in accordance with Exhibit-C annexed to this Petition, the Petition is allowed in terms of Prayer Clause (a).

(iii) It is made clear that the vehicle shall be released only after the amount of Rs.15,000/- (Fifteen Thousand Rupees) is credited to the account of Regional Transport Officer, Regional Transport Office, Mumbai.

(iv) All the parties to act on any authenticated copies of this order.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] BIPIN DHARMENDER PRITHIANI Date: 2022.09.30 11:16:50 +0530 BIPIN DHARMENDER PRITHIANI