mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.477 OF 2009 IN WRIT PETITION NO.1144 OF 2009 M/s.Sona Processors (India) Ltd...Petitioners Vs. Textile Committee & Ors. ....Respondents Mr. Niranjan Pandit i/b. Joy Legal Consultants for the Petitioners. Mr. H.K. Vardhan, for Respondent Nos. 3 and 4. Mr. L.S. Shetty with Mr. V.B.Tiwari i/b. L.S. Shetty & Associates for Respondent No.1. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : 9nd September, 2009 P.C. Motion not on board. By the consent of the parties taken up on board. 2. By our order dated 22nd July, 2009 we had in para.6 observed that it will be open to the petitioners to elect to proceed with the appeal in respect of one demand notice and with respect to other two other demand notices it may take such steps as available in law. 3. It is the case of the petitioners that the appeal which has been filed will be restricted to demand notice dated 28th July, 2006 in the sum of Rs.8,11,261/-. In respect of the two other demand notices they had proceeded to file two other appeals which the Registry is not accepting on the ground that there is no Appellate Authority. 4. We had issued notice to the respondents pursuant to which the respondents are represented. 5. We see no reason, why merely because there is no Presiding Officer for the Appellate Tribunal as to why the Registry of the Appellate Tribunal ought not to receive the appeals which have been filed. Merely because there is no Presiding Officer it does not mean that the registry of the Appellate Authority is closed. The Registry of the Appellate Tribunal is, therefore, directed to accept the Appeals filed by the petitioners and of any other persons who are entitled to file Appeals according to law. 6. We are informed that there is no person presiding over the Appellate Tribunal. The Appellate Authority who is nominated by post, is the Joint Secretary to Government of India, Ministry of Law and Justice, Mumbai Branch Secretariat. We are informed that presently no person has been appointed to the said post. 7. Once an adjudicating machinery is created it is not open to the Respondents to keep a post vacant including of the Appellate Authority. We are informed that the vacancy exists since 1st July, 2009. Considering the above, we direct the respondent No.4-Union of India to take steps to fill in the post of the Joint Secretary to Government of India, Ministry of Law and Justice, Mumbai Branch Secretariat, not later than twelve weeks from today. 8. In the meanwhile and till such time the Appellate Authority is appointed and for a period of eight week thereafter there will be interim relief in terms of prayer clause (b). Notice of Motion disposed off accordingly. (D.G. KARNIK,J.) (F.I. REBELLO,J.)