Ladda 1 wp-5432-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5432 OF 2011. Hotel Savi (Hotel Om-Palace) Restaurant & Bar .. .. Petitioner. Versus State of Maharashtra & ors. .. .. Respondents. Mr R.D. Soni i/by Ram & Co. for the Petitioner. Ms P.S.Cardozo, A.G.P.for the respondents. CORAM : RANJIT MORE, J. DATED : 10th October, 2011. P.C.:- 1. Heard learned counsel for the respective parties. The petitioners challenges the order passed by respondent No.3 and respondent No.1 by which his application for renewal of premises licence restricted to conduct of Orchestra is rejected. 2. The application is rejected mainly on three grounds, viz. (i) the premises licence is not renewed after the year 1999, (ii)The PPL licence in respect of the petitioner's establishment was suspended in the year 1994, 2007 and 2009 for the period of 10 days, 30 days and 21 days respectively and (iii) previously notice is given to the petitioners as to why the licence should not be suspended for the period of 120 days. Ladda 2 wp-5432-11 3. So far as renewal of premises licence after the year 1999 is concerned, Mr Soni, learned counsel for the petitioner, submits that the petitioner is ready and willing to pay arrears of premises licence fee up to date. So far as suspension of PPE licence is concerned, there is no dispute that after 2009 also same is renewed till the year 2011 once PPE licence is renewed, the breach of the conditions of the licence for the period earlier to the renewal cannot be taken into consideration. The reference can be made to the judgment of this Court in the case of K.V. Acharya and anr vs. The State of Maharashtra & ors ALL MR 2000(2) ALL MR 283 so far as third ground is concerned the proceeding in respect of breach of PPL licence is at the stage of show cause notice and same cannot be relied upon for the purpose of refusal of renewal of premises licence. In the circumstances, petition is disposed of by passing the following order:- ORDER. (a) The respondent No.3 is directed to renew the premises licence in respect of petitioner's establishment i.e.Hotel Savi (Hotel Om-Palace) Restaurant and Bar, Shankar Lane, Kandivali (West), Mumbai 400 067, only to the extent of Orchestra subject to petitioner pay arrears of licence fee of the premises licence from 1999 and the renewal fee. Ladda 3 wp-5432-11 (b) The proceeding of the show cause notice given by Respondent No.3 on 3.5.2005 to the petitioner in respect of breach of terms and conditions of PPE licence shall be considered independently, in accordance with law and without being influence by this order. (RANJIT MORE, J.)