1 lpa190.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION LETTERS PATENT APPEAL NO. 190 OF 2011 IN WRIT PETITION NO. 4411 OF 2011 WITH CIVIL APPLICATION NO. 252 OF 2011 IN LETTERS PATENT APPEAL NO. 190 OF 2011 M/s. Prestige Foods Ltd. ......Appellant. Vs. Shri Mukund P. Acharya & Anr. ......Respondents. Mr. P.M. Mokashi for the Appellant. Mr. Mukund P. Acharya, Respondent No.1 present in person. Mr. S.D. Rairikar, AGP for Respondent No.2. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 24 AUGUST 2011. P.C. :- The learned counsel appearing for the Appellant states that by the order impugned in this Appeal the learned Single Judge has granted stay of reinstatement but the Appellant does not want stay of the order of reinstatement. He only wants stay of payment of 50% 2 lpa190.11.sxw ssm back wages. In our opinion, if the Appellant who is the Petitioner before the learned Single Judge does not want stay of reinstatement, there can be no justification for grant of that interim relief. The interim order passed by the learned Single Judge staying reinstatement is therefore, vacated. So far as the order granting stay of recovery of back wages is concerned the recovery of back wages shall remain stayed during the pendency of the Petition, subject to the condition that the Appellant deposits the amount of back wages in this Court within a period of four weeks from today. In case the amount is not deposited, within the aforesaid period the Respondent shall be free to adopt such measures as are available in law for recovery of that amount. 2 In view of the above, the Letters Patent Appeal is disposed of. There shall be no order as to costs. 3 In view of the disposal of the LPA itself, nothing survives in the Civil Application and the same is also disposed of. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)