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Bombay High CourtWP/9701/2016disposed off

M/S. Lonshiwala Distributers v. The State Of Maharashtra And ANR.

2016-08-18Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

WP.9701/2016(P-20) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9701 OF 2016 M/s. Lonshiwala Distributers

...Petitioner

Vs.

The State of Maharashtra

...Respondent

Mr. R.M. More, Advocate for the Petitioner Mr. Bhushan P. Kakade, AGP for the State CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED : 18TH AUGUST, 2016 P.C. :

Matter is not on board. In view of the urgency taken on board and heard.

2.

Parties through their Counsel. The grievance made by the Petitioner is that his application for grant of stay has been fixed for consideration by the Appellate Authority on 23rd August, 2016 whereas the order impugned before him will become operative from 22nd August, 2016. Keeping in view of the aforesaid we are inclined to dispose of this Petition by

WP.9701/2016(P-20) directing the Appellate Authority to consider and decide the Petitioner's application for interim relief within 2 weeks from today. However, we further direct that till the Petitioner's application of interim relief is not decided the operation of the impugned order dated 21st July, 2016 shall remain stayed. Needless to say that the Appellate Authority need not be influenced by this order and shall decide the application on its own merits. Writ Petition is disposed of. (M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)