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Bombay High CourtWP/12149/2024disposed off

Sunita Shamsing Gahlot v. The State Of Maharashtra And Others

2024-10-30Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

13.wp.12149.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12149 OF 2024 M/s.Jagruti Chemist .. Petitioner

Versus

Assistant Commissioner & Anr .. Respondents Mr.Rushikesh Kekane, Advocates for the Petitioner. Ms.S.S.Bhende, AGP, for the Respondent/State. by ANJALI TUSHAR ASWALE Date: 2024.08.30 19:01:00 +0530 ANJALI TUSHAR ASWALE CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

AUGUST 29, 2024 P. C.

1.

The above Writ Petition is filed seeking a writ of mandamus to Respondent No.2 to decide the Appeal dated 23rd August, 2024 filed by the Petitioner as expeditiously as possible and in a time bound manner. 2.

The learned AGP appearing on behalf of the Respondents, on instructions, has stated that the Appeal filed by the Petitioner shall be heard and decided within a period of 45 days from today. 3.

Accepting the aforesaid statement, we dispose of the above Writ AUGUST 29, 2024 Aswale

13.wp.12149.24.doc Petition by directing Respondent No.2 to decide the Appeal of the Petitioner dated 23rd August, 2024 as expeditiously as possible and in any event on or before 14th October, 2024. In the meanwhile, and without prejudice to the rights and contentions of the parties, till the decision of the aforesaid Appeal, the suspension order, and which is the subject matter of the Appeal, shall remain stayed.

4.

Needless to observe that in the event the Petitioner fails in its Appeal, it would be certainly within the powers of the Appellate Authority to modify the period of suspension and impose a future period of suspension on the Petitioner, if it so chooses to do. All contentions of the parties in the pending Appeal are expressly kept open.

5.

The Writ Petition is accordingly disposed of. No order as to costs.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] AUGUST 29, 2024 Aswale