1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION(L) NO.2935 OF 2008 Shreedhar C. Shetty. ..Petitioner V/s. The Commissioner of Police, Gr.Mumbai & Anr. ..Respondents. Mr.Vishal Thadani i/b. Mrs. Veena Thadhani for petitioner. Mrs.Smita Gaidhane, AGP for Respondents. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : DECEMBER 18, 2008. : DECEMBER 18, 2008. : DECEMBER 18, 2008. P.C. P.C. P.C. : : : 1. Not on board. Upon production taken on board. 2. The limited apprehension, that needs to be addressed in this Petition is to secure interest of the Petitioner till the Appeal is decided by the State Government. It is not in dispute that interim order is operating in favour of the Petitioner, which will enure till 1st January, 2009. However, the Petitioner is not certain that Appeal will be decided before that date. Because of this apprehension, Petitioner has approached by way of present Petition. 3. In the circumstances, this Petition is disposed of with direction that till appeal preferred 2 by the Petitioner which is pending before the Appellate Authority is finally decided, operation of the Order passed by the Deputy Commissioner of Police dated 20th November, 2008, shall not be given effect to. That arrangement shall continue for a further period of two weeks from the date of service of the final order of the Appellate Authority, in the event, the same is adverse to the Petitioner, so as to enable to the Petitioner to carry the matter further, if so advised. 4. Needless to observe that if the Petitioner fails to appear before the Appellate Authority on scheduled date even on one occasion, the Appellate Authority is free to decide the Appeal exparte against the Petitioner. Counsel for the Respondents assures that the Respondents will ensure that notice of hearing of appeal will be given atleast 48 hours in advance to the Petitioner. That assurance is placed on record. 5. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)