1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2147 OF 2008 NYK Line India Ltd. ..Petitioner V/s. Mr.Mohan M. Ghate and ors. ..Respondents. Mr.J.P.Cama with Mr.G.S.Shetty i/b. Cr.Bayley & Co. for petitioner. Mr.Kiran Bapat with Mr.Jayesh K. Desai i/b. S.S.Chaubal for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : SEPTEMBER 29, 2008. DATE : SEPTEMBER 29, 2008. DATE : SEPTEMBER 29, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. After hearing Counsel for the parties for some time, prima facie, I am of the view that this Petition ought to succeed and the Application for interim relief preferred by the Respondents be restored to the file of the trial Court for reconsideration on its own merits afresh. However, such relief can be granted only in exercise of powers under Article 227 of the Constitution of India. So far as Writ of Certiorari under Article 226 of the Constitution of India is concerned, this Court can only annul the order which is impugned and no more. 2 But in the interest of justice, however, the final order that may be required to be passed in this Petition is of remanding the case for reconsideration. 3. In the circumstances, the Petitioner seeks liberty to convert this Petition into Article 226 r/w 227 of the Constitution of India. 4. Leave as prayed by the Petitioner is granted. However, as the Petitioner now intends to additionally invoke jurisdiction under Article 227 of the Constitution of India, the matter will have to proceed on the Appellate Side of this Court. 5. Necessary amendment be carried out within one week from today, whereafter, Office shall place the matter before appropriate bench of the Appellate Side of this Court. 6. Interim arrangement to operate for a period of two weeks from today. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)