Abhay Sharad Bapat And Another v. Shivshakti Kraft Board Mills Private Limited Through Its Managing Director And Others

wp1846.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 1846 OF 2016 Shri Abhay Sharad Bapat & others .. PETITIONERS

VERSUS

Shivshakti Kraft Board Mills Private Limited & others .. RESPONDENTS Mr. Rohan Anulkar, advocate for petitioner.

Mr. A.N. Sikchi, advocate for respondents 1 and 3. ===== CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ.

DATE : 16th FEBRUARY, 2016.

PER COURT :

1.

It is not a matter of dispute that the proceedings in respect of restoration of appeal are pending with the DRAT, Mumbai, however, as a result of unavailability of the Presiding Officer, it is informed that the application could not be pressed and the orders were not issued. It is further informed that the charge of the affairs of DRAT, Mumbai, is entrusted with DRAT, Delhi.

2.

In order the facilitate petitioners to approach the appellate forum, we deem it appropriate to grant protection for 10 days from today. It would be open for the petitioners to approach the appellate forum at Delhi with whom the charge is entrusted, for securing appropriate interim orders. Petitioners shall issue notice to respondents 48 hours in advance in respect of the proposed date of hearing before DRAT, Delhi. In the meanwhile, the

wp1846.16.doc Presiding Officer, DRT, Aurangabad, shall pass any order in the pending proceeding for a period of ten days and, continuance of the proceeding before DRT, Aurangabad, would be subject to the further orders those may be passed before the appellate forum.

3.

With directions as above, writ petition stands disposed of. ( A.I.S. CHEEMA ) ( R. M. BORDE ) JUDGE JUDGE dyb