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.2626 OF 2004 PETITION NO.2626 OF 2004 PETITION NO.2626 OF 2004 Kirloskar Investment & Finance ... Petitioner Ltd. Vs. Shri Pundalik Bhimaji Mali ... Respondents & Ors. Mr. Nitin Pradan i/by Ms. S.D. Khot, Advocate for the Petitioner. Mr. A.S. Gadkari, A.P.P. for the State. WITH WITH WITH WRIT WRIT WRIT PETITION NO.2627 OF 2004 PETITION NO.2627 OF 2004 PETITION NO.2627 OF 2004 Kirloskar Investment & Finance ... Petitioner Ltd. Vs. Sou Bhagyashribai Pundlik ... Respondents Mali & Ors. Mr. Nitin Pradan i/by Ms. S.D. Khot, Advocate for the Petitioner. Mr. A.R. Patil, A.P.P. for the State. WITH WITH WITH WRIT WRIT WRIT PETITION NO.2628 OF 2004 PETITION NO.2628 OF 2004 PETITION NO.2628 OF 2004 Kirloskar Investment & Finance ... Petitioner Ltd. Vs. Smt. Vaijayanti B. Kholatkar ... Respondents & Ors. Mr. Nitin Pradan i/by Ms. S.D. Khot, Advocate for the Petitioner. Mr. A.R. Patil, A.P.P. for the State. WITH WITH WITH WRIT WRIT WRIT PETITION NO.2629 OF 2004 PETITION NO.2629 OF 2004 PETITION NO.2629 OF 2004 2 Kirloskar Investment & Finance ... Petitioner Ltd. Vs. KIFL Invstors Group & Ors. ... Respondents Mr. Niteen Pradan i/by Ms. S.D. Khot, Advocate for petitioner. Mrs. S.D. Shinde, APP for the State. WITH WITH WITH WRIT WRIT WRIT PETITION NO.2632 OF 2004 PETITION NO.2632 OF 2004 PETITION NO.2632 OF 2004 Kirloskar Investment & Finance ... Petitioner Ltd. Vs. Shripat Gokhale & Ors. ... Respondents WITH WITH WITH WRIT WRIT WRIT PETITION NO.2633 OF 2004 PETITION NO.2633 OF 2004 PETITION NO.2633 OF 2004 Kirloskar Investment & Finance ... Petitioner Ltd. Vs. Shri Govind Dhondiram Kamble ... Respondents & Ors. Mr. Nitin Pradan i/by Ms. S.D. Khot for petitioner. Mr. D.S. Mhaispurkar, APP for 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. Pradhan, learned counsel for 3 Petitioner- Company has invited our attention to the substantial relief prayed in prayer clause (1) in all these petitions filed by one and the same Company i.e. M/s Kirloskar Investment & Finance Limited. The main prayer in all these petitions 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 a 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. 3. We, therefore dispose of all these petitions, 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 4 Supreme Court in the said order dated 18/11/2005 shall be obviously applicable in these cases 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.)