:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.198 OF 2004 OF MOTION NO.198 OF 2004 OF MOTION NO.198 OF 2004 IN IN IN WRIT WRIT WRIT PETITION NO.1718 OF 2003 PETITION NO.1718 OF 2003 PETITION NO.1718 OF 2003 Hanil Era Textiles Ltd. & Anr. ..Petitioners Vs. The Union of India ..Respondent Mr.M.M.Vashi for the Petitioners. Mr.P.S.Jetly a/w. Mr.N.D.Sharma for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. In the above Petition, the Petitioner is basically challenging the order dated 4th June,2003. By way of the present Notice of Motion, the Petitioner is praying for stay of an impugned order dated 4th June,2003 and the Petitioner has also alternatively prayed that the aforesaid order itself be quashed and the matter be sent back to Respondent No.2 for a fresh hearing. 2. The above Petition was admitted on 3rd March,2004 and liberty was granted to the Petitioner to take out a Notice of Motion for interim reliefs. However, till date no interim relief has been granted. It appears, that the impugned order was passed without :2: affording an opportunity of personal hearing. Under these facts and circumstances of the case, we are inclined to stay the said order dated 4th June,2003 on a condition that the Petitioner shall furnish a bank guarantee for the 50% of the demand made by the Respondent within a period of eight weeks from today. The above Notice of Motion is made absolute in terms of prayer clause (a). 3. It is made clear that in the event the Petitioner fails to furnish the said bank guarantee for the 50% of the demand made by the Respondents, within a period of eight weeks from today, the Notice of Motion will stand dismissed automatically without any further reference to this Court. 4. Place the above Petition on board for final hearing in due course. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)