hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 201 OF 2007 IN WRIT PETITION NO. 2940 OF 2002 John F.D’Cunha ... Petitioner Versus M/s. Indian Instiute of Packaging and Ors. ... Respondents Mr. Vishal Shriyan i/by Legasis Partners for the Petitioner. Mr. M.M. Vashi for R. Nos. 1 and 4. Mr. N.D. Sharma for R. Nos. 2 and 3. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: DECEMBER 01, 2008 DATED: DECEMBER 01, 2008 DATED: DECEMBER 01, 2008 P.C. P.C. P.C. . By the present motion, Respondent Nos. 1 to 3 seeks that the order dated 18.12.2000 passed by the Division Bench be modified and Respondent No. 1 be relieved from the statement made by them that the Petitioner will be continued in the post of professor with the same scale of pay and the status as the secretary of the first respondent Instiute. . In the affidavit filed in support by Mr. Mohan Sigh the only reason given is that the said statement was made by the counsel thinking that the matter would be heard in Jan. 2003 since the petition was already posted for that day and as the matter has not come on board yet, this motion is taken out on 5.3.2007 i.e. nearly after five years from the statement made to this court. No reason have been given as to why there were no financial difficulties for the last five years. In our view it is not possible for us to relieve the Petitioner from the statement made by them. Hence, motion is rejected. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)