Wonder Cars Pvt Ltd Thr Its Authorised Signatory v. Pimpri Chinchwad Municipal Corporation Thr Its Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2026.03.13 16:19:24 +0530 URMILA PRAMOD INGALE INTERIM APPLICATION NO. 12769 OF 2025 IN WRIT PETITION NO. 10640 OF 2023 M/s. Wonder Cars Pvt Ltd .. Applicant In the matter between M/s. Wonder Cars Pvt Ltd ... Petitioner

Versus

Pimpri Chinchwad Municipal Corporation and ors .... Respondents **** Mr. Pratap Patil, for the Applicant/Petitioner. Mr. Kedar B. Dighe, Addl GP a/w Mr. A.K. Naik, AGP, for the Respondents No.1 & 2-PCMC.

**** CORAM :

M.S.KARNIK & S.M.MODAK, JJ.

DATE :

13th MARCH 2026 P.C. :

1.

Heard Mr. Patil, learned counsel for the applicant-original petitioner and Mr. Dighe, learned counsel for the respondents 1 and 2.

2.

Mr. Dighe opposed the application made by the applicant - original petitioner for permission to withdraw the amount of

Rs.7,05,88,665/- together with accrued interest, if any. The amount of Rs.7,05,88,665/- was deposited by the respondentPimpri Chinchwad Municipal Corporation in this Court pursuant to the directions in the writ petition and subject to the outcome of the Municipal Corporation's then pending appeal. The Municipal Corporation's appeal has now been dismissed by the District Court, Pune vide order dated 20/09/2025. The operative part of the order passed by the Appellate Court reads thus : "1. Appeal is dismissed with cost. Cross objection is decreed with cost.

2. Order and judgment dated 16/09/2022 passed in Municipal Appeal No. 02/2014 is confirmed.

3. Respondent/Ms. Wonder Cars Pvt.Ltd is entitled to recover amount of Rs. 07,05,88,665/- from appellant/PCMC.

4. Appellant/PCMC is directed to pay interest to respondent @ 9% p.a. on the amount of excess tax paid by the respondent to the appellant from the date of each respective excess payment till 16/04/2025.

5. R & P in the Municipal Appeal No. 2/2014 is returned to the concerned office/Court from which the record is sent to this court." 3.

In this view of the matter, for the reasons stated in the application, the application deserves to be allowed and the same is allowed.

4.

The applicant is permitted to withdraw the amount of Rs.7,05,88,665/- along with the accrued interest, if any. Registry to do the needful. It is made clear that such a withdrawal is

permitted subject to the petitioner bringing back the amount, if so directed by the appropriate forum.

5.

Learned counsel for the Corporation submits that the Corporation intends to challenge the order passed by the District Court. The application for withdrawal be processed after a period 4 weeks from today.

6.

The interim application is disposed of.

(S.M.MODAK, J.) (M.S.KARNIK, J.)