- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1607 OF 2007 APPLICATION NO.1607 OF 2007 APPLICATION NO.1607 OF 2007 Kishore K. Shetty ...Applicant vs. M/s.Surya Enterprises & Others ...Respondents Mr.U.S.Shetty for the applicant Mr.Y.S.Shinde A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 16,2009 : MARCH 16,2009 : MARCH 16,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant. Perused the record. Special leave to prefer an Appeal is granted. Appeal is admitted. 2. Perused the report dated 7th march 2009 submitted by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai. The explanation offered by the learned Judge for the delay in forwarding the record is accepted and no action is called for against the concerned members of the staff. 3. At the same time, it must be noted that the report depicts sorry state of affairs in the concerned court. For want of adequate staff, the High Court writs issued in July 2008 could not be complied with for more than six months. - 2 - 4. Though no action against anyone deserves to be taken on the basis of this lapse, a copy of this report of the learned Trial Judge along with a copy of this order be forwarded to the Chief Metropolitan Magistrate who will take appropriate steps to ensure that adequate staff is provided to the concerned courts for complying with High Court writs. JUDGE JUDGE JUDGE