1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LATTERS PATENT APPEAL NO.92 OF 2009 IN WRIT PETITION NO.5790 OF 1997 ... M/s.Igloo Dairy Services Pvt.Ltd...Appellant v/s Gajraj Babunandan Verma ..Respondent ... Mr.K.S.Bapat and Mr.Suyesh Desai i/b M/s.Desai & Desai Associates for the Appellant. Mr.Y.M.Pendse for the Respondent. ... CORAM: D.K.DESHMUKH, & R.S.MOHITE, JJ DATED: 16th July, 2009 P.C.: 1. Admit. Heard finally by consent of parties. 2 2. It is apparent from the order of the learned single Judge impugned in the petition that when the learned single Judge heard the petition finally none was appearing for the Appellant. It is stated that the advocate who was engaged by the Appellant had given up the profession and therefore, the Appellant was unrepresented. 3. After having heard the learned Counsel for both sides, in our opinion, it is a fit case where the other side should have been heard. Even the learned Counsel for the Appellant stated that the Appellant is willing to deposit 50% of the back wages awarded by the lower court in this court. In our opinion, therefore, following order would meet the ends of justice. 3 O R D E R (i)On the Appellant depositing 50% of the back wages awarded by the Lower Court in this court within eight weeks from today, with due intimation to the Respondent, the order of the learned single Judge dated 20th January, 2009 passed in Writ Petition No.5790 of 1997 shall stand set aside and that petition shall be restored to the file of the learned single Judge. (ii)The Registrar shall permit the Respondent to withdraw the amount deposited by the Appellant, on furnishing a security to the satisfaction of the Registrar. (iii) In case the amount, so deposited, is not withdrawn by the Respondent within a period of twelve weeks from the date of deposit, then the amount shall be 4 deposited in fixed deposit in any nationalised bank to the credit of Writ Petition No.5790 of 1997. (iv) Appeal disposed of. (D.K.DESHMUKH, J.) (R.S.MOHITE, J.)