Interglobe Aviation had challenged the demand of Brihanmumbai Municipal Corporation (BMC) of octroi on two imported engines before the high court.
The aircraft was grounded in January following an engine fire. Interglobe was advised to import two engines to replace the damaged ones.
A division bench of justices Anil Menon and M S Sanklecha ruled that Interglobe can install the new engines and fly the aircraft to Gurgaon provided it gave a bank guarantee to the civic body.
Pochkhanwalla also said that the BMC, which had demanded Rs 8 crore in octroi, was ready to accept a bank guarantee.
The court said keeping the aircraft grounded in the meantime would serve no purpose, so the company may replace the engines and fly it out of Mumbai "for business purpose" after it gave the bank guarantee.
Also, if the order of assessor/collector of BMC went against the company, the BMC will not encash the bank guarantee for three weeks, the judges said.
Use of the imported goods within Mumbai limits was necessary to attract octroi, the company contended.
The HC however disposed of the case, saying this was a factual issue which the BMC's assessor could decide.
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