-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 784 OF 2009 Girreddi Suryanarayana Reddy ... Petitioner versus The Securities and Exchange Board of India ... Respondent Mr. A.V. Chatuphale for the petitioner. Mr. J.J. Bhatt, instructed by Ms. Daya Gupta, for the respondent. CORAM: P.B. MAJMUDAR & R.M. SAVANT , JJ. DATE: APRIL 24, 2009 P.C. By this petition, the petitioner has prayed that the hearing of the appeal preferred by the petitioner which is pending before the Appellate Authority under Regulation 88 (1) of the Securities and Exchange Board of India (Employees' Service) Regulations, 2001, against the order dated 16th January, 2009, may be directed to be expedited and till the appeal is decided, petitioner may not be asked to vacate the official quarter viz. Flat No.C-2/57, Karmaksetra Seva Samiti Nagar, Sion, Koliwada, Mumbai-400 037, which is occupied by the petitioner by virtue of his employment. -2- 2. Mr. Bhatt, learned counsel appearing for the respondent, on the other hand, submitted that since the petitioner has been dismissed from service, he is not entitled to stay in the quarter any longer. 3. We have heard the learned counsel for the parties. In our view, when the statutory appeal of the petitioner is already pending with the appellate authority, we direct the respondent to allow the petitioner to occupy the said quarter till the disposal of the appeal on condition that in case the appeal of the petitioner is dismissed, he shall vacate the quarter within a period of two weeks from the date of the order of the appellate authority. The petitioner is also directed to file an undertaking in this behalf on or before 30th April, 2009 before this Court, with copy to the respondent, pointing out that in case his appeal is dismissed, he will vacate the official quarter alloted to him within a period of two weeks thereafter. In case such undertaking is not filed, interim protection granted by this Court during the pendency of the proceedings shall not operate further. However, if undertaking is filed, the petitioner may not be dispossessed as indicated above for a period of two weeks from the date of the decision of the appellate authority. The petitioner shall co-operate with the appellate authority for early disposal of the appeal and the appellate authority may also try to dispose of the appeal as early as possible and, in any case, by 30th June, 2009. -3- 4. Subject to what is stated above, the petition is disposed of. It is clarified that we have not observed anything on merits and the contentions of both the sides are kept open for the consideration of the appellate authority. P.B. MAJMUDAR, J. R.M. SAVANT, J.