1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.784 OF 2007 IN NOTICE OF MOTION NO.410 OF 2007 IN WRIT PETITION NO.1245 OF 2007 Sudarshan Khaitan ..... Appellant V/s. State of Maharashtra & Ors. .... Respondents Mr.C.W.Singh, Sr.Counsel i/b N.M.Ganguli, for the Appellant. Ms.Geeta Shastri, AGP, for Respondent Nos.1 to 3. Mr.Rahul D. Dak, Advocate, for Respondent No.4. None for Respondent No.5. CORAM : SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ. DATED : JUNE 24, 2008. P.C. 1. Admit. 2. Heard the learned counsel for the appellant and Advocates for Respondent Nos.1 to 4. None present for Respondent No.5, though served. 3. A short point which is sought to be canvassed in the matter is 2 that the appellant could not have been refused hearing in the matter in the manner it has been ordered under the impugned order. Though the relief which is asked for under the notice of motion is in the nature of discretion, it is not permissible for the Court to grant or refuse the same without granting hearing to the parties and such hearing has to be an effective hearing. By imposing condition to deposit the amount a fair opportunity as of being heard has been denied to the appellant. 4. The learned Counsel appearing for the respondent No.4 (Original Workman in Writ Petition No.1245 of 2007) has fairly conceded that it would be appropriate to grant such opportunity to the appellant without imposing any condition. 5. In the facts & circumstances of the case, we also find it appropriate that the appellant should be given opportunity of being heard in the matter without imposing any conditions for deposit of the amount or bank guarantee. In the circumstances therefore, the impugned order directing the appellant to deposit or furnish bank guarantee of the amount reflected in the recovery certificate dated 11-05-2007 is hereby set aside and matter is remanded to the learned Single Judge to hear notice of motion No.410 of 2007 by giving fair opportunity to the parties to place on record further material if they so desire, without imposing any condition for 3 deposit of the amount or furnishing of bank guarantee. The appeal therefore, succeeds on the above ground and is accordingly disposed of in above terms with no order as to costs. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)