WPMS No. 382 of 2011 Hon’ble Tarun Agarwala, J. Mr. P.R. Mullick, Advocate for the petitioner. Mr. Naresh Pant, Advocate for the respondent No.3. The Board of Industrial & Investment Corporation has passed an order dated 20th September, 2010 directing prosecution against the Director and Promoter of the Company u/S 33 and 34 of the Sick Industrial Companies (Special Provisions) Act, 1985. Against this order, a review application was filed which was rejected by an order dated 2nd November, 2010. It has come on record that the petitioner has preferred an appeal before the Appellate Authority and that the matter is likely to come up for hearing. In the meanwhile, the petitioner has filed the present writ petition praying that the prosecution against the petitioner should be stayed till the disposal of the stay application before the Appellate Authority since the Appellate Authority is not likely to meet in the next couple of weeks. The submission of the learned counsel for the petitioner is bereft of merit. Once an appeal has been filed, it is open to the petitioner to move an appropriate application indicating urgency in the matter and asking the Appellate Authority to hear the matter out of turn. This court is not inclined to interfere in the impugned order passed by the Board of Industrial & Investment Corporation. The writ petition is dismissed. (Tarun Agarwala, J.) Dated 05.03.2011 Shiv