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 CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4772 OF 2008 Shri Daryus Soley Panthakey & Anr. ..Petitioners. V/s. Hindustan Petroleum Corpn. Ltd. ..Respondent. Mr.Sanjay Jain with Vishal Thaker i/b. Vishal Thaker for petitioners. Mr. M.D.Siodia i/b. Rustomji & Ginwala for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 8, 2008. DATE : AUGUST 8, 2008. DATE : AUGUST 8, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. In my opinion, no interference in exercise of writ jurisdiction is warranted in the fact situation of the present case. Counsel for the Petitioners however, relies on the decision of the Apex Court in the case of Wander Ltd. & Anr. V/s. Antox India Wander Ltd. & Anr. V/s. Antox India Wander Ltd. & Anr. V/s. Antox India P.Ltd [1990(Supp) Supreme Court Cases 727] P.Ltd [1990(Supp) Supreme Court Cases 727] P.Ltd [1990(Supp) Supreme Court Cases 727], in particular, paragraph-14 thereof. There can be no dispute with the settled proposition of law in the said decision. However, the Appellate Court in the present case for cogent reasons has taken the view that the approach of the trial Court was 2 inappropriate. I am in agreement with that view of the Appellate Court. In the circumstances, there is no merits in this Petition. Dismissed. 3. Even if this Writ Petition is dismissed, request of the Petitioners for direction to the lower Court to expedite hearing of the Application for mesne profit being reasonable, the same is accepted. The lower Court shall decide the said Application as expeditiously as possible, preferably by end of December, 2008. Both parties assures through Counsel to extend full cooperation to the lower Court for early disposal of the application. That assurance is accepted. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)