IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1901 OF 2004 PETITION NO.1901 OF 2004 PETITION NO.1901 OF 2004 Sanjay Devidas Sonawani ... Petitioner Vs. The State of Maharashtra ... Respondents & Ors. Mr. S.S. Aradhya for the Petitioner. Mrs. A.S. Pai, A.P.P. for the State. CORAM CORAM CORAM : B.H. MARLAPALLE, & : B.H. MARLAPALLE, & : B.H. MARLAPALLE, & R.Y. R.Y. R.Y. GANOO, JJ GANOO, JJ GANOO, JJ. DATE DATE DATE : 13TH JUNE, 2008 : 13TH JUNE, 2008 : 13TH JUNE, 2008 P.C. P.C. P.C. :- :- :- 1. Mr. Aradhya learned counsel for the petitioner has invited our attention to the substantial relief prayed in prayer clause (b) in this petition. The main prayer in this petition is for declaration of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 and the Rules made thereunder are unconstitutional. 2. A Full Bench of this Court in group of writ petitions i.e. Writ Petition No.5186 of 2001 and others connected with these petitions by its judgment dated 5/9/2005 has declared the said Act to be ultra-vires. 2 3. We, therefore dispose off this petition, in terms of the judgment of the Full Bench in the case of Vijay C. Puljal v/s State of Maharashtra and others and other connected Writ Petitions. 4. We have also noted that the said judgment of the Full Bench is under challenge before the Apex Court and an interim order has been passed on 18/11/2005. The directions given by the Hon’ble Supreme Court in the said order dated 18/11/2005 shall be obviously applicable in this case until further orders by the Hon’ble Supreme Court. ( B.H. MARLAPALLE, J.) B.H. MARLAPALLE, J.) B.H. MARLAPALLE, J.) ( R.Y. GANOO, J.) R.Y. GANOO, J.) R.Y. GANOO, J.)