1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.623 OF 2008 NOTICE OF MOTION NO.623 OF 2008 NOTICE OF MOTION NO.623 OF 2008 IN IN IN WRIT PETITION NO.1549 OF 2003 WRIT PETITION NO.1549 OF 2003 WRIT PETITION NO.1549 OF 2003 Jayant L. Pai .. Petitioner vs. Union of India, Through the Chief Commissioner & Ors. .. Respondents Mr.A.J.Pai for the petitioner Ms.N.V.Masurkar and Mr.V.B.Tiwari for the respondents CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 23RD MARCH, 2009 DATE: 23RD MARCH, 2009 DATE: 23RD MARCH, 2009 P.C. 1. Heard. 2. This Notice of Motion is taken out to expedite the hearing of the petition which is of the year 2003. In the alternative, it is prayed that the respondents Central Excise Department should not withhold the pension of the petitioner due to pendency of the writ 2 petition. 3. The very issue as to the entitlement of pension of the petitioner is to be decided on merits and, therefore, the alternate relief cannot be granted. In so far as expediting the hearing of writ petition is concerned, let the writ petition be taken up for hearing in due course. In the meantime, the respondent Central Excise Department shall continue to pay pension to the petitioner in accordance with the rules and in terms of their interpretation. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)