JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order of a Division Bench of the Bombay High Court dismissing the Letters Patent Appeal filed by the appellant. Writ Petition filed by the appellant was dismissed on the ground that the same was not maintainable.

3. Learned counsel for the appellant submitted that the impugned order of the Division Bench is clearly unsustainable. Reference is made to Rules 3 & 18 of the Bombay High Court Appellate Side Rules, 1960 (in short the ‘Rules’) with the amended Letters Patent of the High Court of Bombay, 1865 (in short the ‘Letters Patent’). It is submitted that the Division Bench did not take note of what has been stated by several judgments of this Court.

4. Learned counsel for the respondent on the other hand supported the impugned judgment of the High Court.

5. Rules 3, 18(41) and the proviso 18(44) read as follows:

“3. Appeal to be placed before Division Bench for admission - Appeals under Clause 15 of the Letters Patent shall be placed for admission before a Division Bench.

18. Single Judge’s powers to finally dispose of applications under Article 226 or 227 - Notwithstanding anything contained in Rule