1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8224 OF 2009 Aqdas Maritime Agency Pvt.Ltd. ..Petitioner V/s Grocery Shops & Markets Board & Anr..Respondents Mr.A.Y.Sakhare, Sr.Advocate with Mr.A.R.Shaikh for the Petitioner. Mr.Rahul Oak with Mr.Sunil Chinchwadkar for Respondent Nos.1 and 2. CORAM: F.I.REBELLO & J.H.BHATIA, JJ. DATE: 16th November, 2009. P.C.: 1. Rule. By consent of the parties heard forthwith. 2. It is the grievance of the petitioners that the order proceeded exparte against them and as such they should be given hearing. 3. On behalf of the board, learned counsel points out that in fact sufficient opportunity was given to the petitioners and in these circumstances the order of the board cannot 2 be faulted with. 4. However, considering the controversy and with a view to enable the Respondents to place the matter before the Board, this petition is disposed of with the following directions: (i) The petitioners will deposit a sum of Rs.50 lakhs with Respondent No.1 in two equal instalments of Rs.25 lakhs each. First instalment of Rs.25 lakhs to be deposited within a period of three weeks from today and and balance intalment of Rs.25 lakhs to be deposited within a period of three weeks thereafter. (ii) On such deposit being made, the impugned order stands set aside, whereupon, the Respondent No.1 will give an opportunity to the petitioners for fresh hearing and thereafter dispose of their case in accordance with law. (iii) The amount deposited would be subject to the final order to be passed by the Board. (iv) On failure to deposit any of the instalments in time, the order of the Board will stand confirmed. 3 5. Rule is made absolute accordingly, with no order as to costs. (F.I.REBELLO, J.) (J.H.BHATIA, J.)