1 918 wp 1052.10.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1052 OF 2011 Shri Subhash Haribhau Agre ..Petitioner. Vs. The General Manager (Personal) & Ors. ..Respondents. Mr. Girish Kulkarni i/b Mr. Sandeep R Waghmare for the Petitioner. Mr. Piyush Shah for the Respondents. Mr. K. Vijay, Manager, Personal Department, National Insurance, Pune Region Office. CORAM : D.B.BHOSALE, K.K. TATED, JJ. Date : 18/11/2011. PC: 1 Heard learned counsel for the parties. 2 Rule, returnable forthwith. 3 By consent of the parties the writ petition is taken up for final hearing. 2 918 wp 1052.10.doc 4 By this Writ Petition, the Petitioner has impugned the order dated 6th April, 2009 passed by Respondent no.1 in Appeal filed by the Petitioner. 5 Mr. Kulkarni, learned counsel for the Petitioner at the outset submitted that it was mandatory for the Appellant Authority to apply his mind independently and record reasons for disposing of the Appeal. Mr. Shah, learned counsel for the Respondents on instructions submits that the Respondent will not have any objection for setting aside this order dated 6th April, 2009 with liberty to the Appellant Authority to pass fresh order recording its reasons for deciding the Appeal. Mr. Kulkarni, learned counsel at this stage seeks liberty to the Petitioner to file their written arguments in support of their Appeal. Having consider the submissions of learned counsel for the parties, we dispose of this Writ Petition by the following order: a) The order dated 6th April, 2009 passed by the Appellant Authority namely, the General Manager is set aside. b) The Appellant Authority shall consider the Petitioner’s Appeal afresh in accordance with law as expeditiously as possible and 3 918 wp 1052.10.doc preferably within a period of four months from the date of receipt of this order. c) It is open to the Petitioner to file their written arguments before the Appellant Authority within a period of four weeks from the date of the receipt of this order. d) Learned counsel for the Respondents to communicate this order to the Appellant Authority within a period of two weeks from today. e) All contentions of the parties are kept open. f) It is needless to mention that the Appellate Authority shall decide the Appeal after taking into consideration the grounds of Appeal and Written Arguments filed by the Petitioner and pass reasoned order within the stipulated time. g) It is made clear that personal hearing of the Petitioner is not necessary. (K.K. Tated, J.) (D.B.Bhosale, J.)