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High Court of DelhiCRL.M.C./5093/2018

M/S Muthoot Finance Ltd v. State (NCT Of Delhi)

2018-10-05Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~84 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5093/2018 M/S MUTHOOT FINANCE LTD ..... Petitioner Through:

Mr.Ajay Kohli, Mr.S.S.Sobti & Ms.Bhumika Kapoor, Advocates versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr.Kewal Singh Ahuja, APP for the State with SI Ashish Gaba, PS D.B.G.

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CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.10.2018 CRL.M.A. 33604-33605/2018 (exemption) Exemption allowed, subject to all just exceptions. The applications are disposed of.

CRL.M.C. 5093/2018 1.

By way of this petition filed under Article 227 of the Constitution of India, read with Section 482 Code of Criminal Procedure, 1973, the petitioner seeks directions to the Trial Court to dispose of the application filed by the petitioner seeking permission to dispose of the gold ornaments released to the petitioner on superdari. CRL.M.C. 5093/2018

2.

Learned counsel for the petitioner submits that the application has been pending before the Trial Court since 30th April, 2016 and is being taken up from time to time, without being finally decided. 3.

Issue notice.

Notice is accepted by the learned Additional Public Prosecutor for the State.

4.

With the consent of the parties, the petition is taken up for disposal.

5.

On perusal of the order sheets of the Trial Court, it is apparent that the application has not been taken up for consideration despite the fact that the application is noticed virtually in every order. 6.

Keeping in view the fact that the application is pending since 30th April, 2016, the Trial Court is directed to expeditiously consider and dispose of the application, preferably within one month from the next date fixed before the Trial Court i.e. 13th November, 2018. 7.

It is clarified that this Court has not considered nor expressed any opinion on the merits of the application. The Trial Court shall consider and decide the same as per law, without being influenced by the order of this Court.

8.

The petition is disposed of.

9.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J OCTOBER 05, 2018/'hkaur'

CRL.M.C. 5093/2018