bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7625 OF 2008 PETITION NO. 7625 OF 2008 PETITION NO. 7625 OF 2008 Jai Prakash Strips Ltd. ... Petitioner v/s Maharashtra Pollution Control Board & ors. ... Respondents Mr.V.P.Sawant for the petitioner. Mrs.Preeti Walimbe for respondent Nos.1 and 4. Ms.A.R.S. Baxi for the respondent No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 17TH DECEMBER, 2008 17TH DECEMBER, 2008 17TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The petitioner has challenged the order dated 13.10.2008 passed by the Maharashtra Pollution Control Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981. This order can be challenged before the appellate authority constituted under both the aforesaid Acts. In view of this, Mr.Sawant seeks liberty to withdraw this petition and to file appeals under the aforesaid Acts within three weeks from today. 2 2. He however submits that the ad-interim order granted earlier should be continued till the appeals are filed and the stay application, if any, filed by the petitioner is considered by the appellate authority. 3. Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for. 4. The petitioner shall file appeals under the aforesaid Acts within three weeks from today. The appeal shall be decided within four weeks thereafter. Till then the order dated 13.10.2008 will not be implemented. 5. All the contentions raised in the petition are left open. 6. In the event an adverse order is passed against the petitioner, it will not be implemented for a period of two weeks from the date of communication of the order.