ssp 1 WP 492 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.492 OF 2010 WITH NOTICE OF MOTION NO.62 OF 2010 IN WRIT PETITION NO.492 OF 2010 M/s.Nav Bharat Construction Co. .....Petitioner versus M/s.Omega Investment & Properties Ltd. and Ors. ..... Respondents Mr.Namshed Engineer i/by DSK Legal, for the petitioner. Mr.Shashi K. Jain, for respondent No.1. Mr.P.Y.Shankar, for respondent Nos.2 and 4. CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 13 th JULY, 2011 P.C. 1. It is not in dispute that the impugned order is appealable before the Divisional Commissioner, Konkan Division. Since it is not in dispute that the impugned order is appealable, this Court would not like to interfere with the impugned order in its extra ordinary jurisdiction under Article 226 of the Constitution of India. Learned counsel for the petitioner submits that the petitioner is willing to approach the appellate authority, but the appeal may not be dismissed on the ground of limitation. The respondents herein have filed their reply, taking the point ssp 2 WP 492 of 2010 that the appeal is barred by the period of limitation and this Court should not exercise its extra-ordinary jurisdiction. In our view, since the impugned order is appealable, the petitioner is permitted to approach the appellate authority, in case the appeal is preferred within a period of two weeks from today. The appellate authority shall decide the said appeal without rejecting the same on the ground of limitation. The petitioner is required to file an appeal within a period of two weeks from today and in such eventuality, limitation point should not be taken into consideration by the appellate authority, provided if it is filed within a period of two weeks. If any such appeal is preferred, the appellate authority shall decide the same in accordance with law and after hearing both the sides and the stand taken by the respondents may not be treated as a ground for dismissing the appeal and the appellate authority shall apply its mind independently without being influenced by the stand taken in the reply by the respondent in the present proceedings. It will be open to the respondents to resist the appeal on all available points in accordance with law except the limitation point. It is clarified that all the points raised by both the sides are kept intact for consideration of the appellate authority. 2. In view of what is stated above, the writ petition is disposed of. ssp 3 WP 492 of 2010 3. In view of the disposal of the writ petition, the above notice of motion does not survive and the same is accordingly disposed of. ( MRS.MRIDULA BHATKAR, J. ) ( P.B.MAJMUDAR, J. )