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Bombay High CourtAPPR/31/2016others disposed off

Future Agrovet Limited v. The State Of Maharashtra And ORS

2017-07-19Hon'Ble Shri Justice A. K. Menon2 pages

hcs 1 902.appr31.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.31 OF 2016 IN CRIMINAL REVISION APPLICATION NO.237 OF 2015 M/s. Future Agrovet Limited .. Applicant.

Vs.

The State of Maharashtra & Ors.

.. Respondents.

Ms.Prachita P. Vare i/b Prakash V. Vare for the Applicant. Mr. S.V. Gavand APP for the Respondent-State. CORAM : A. K. MENON, J.

DATED : 19TH JULY, 2017 P.C. :

1.

By this criminal application, the applicant seeks following principal reliefs :

"(a) This Hon'ble Court may be pleased to recall the order dated 01.12.2015 passed by this Hon'ble Court in Revision Application No.237 of 2015 and matter may be heard freshly by considering the documents annexed with the present application on such terms and conditions as this Hon'ble Court may deem fit and proper.

(b) This Hon'ble Court after hearing the present Application, the order dated 16.02.2015 in Appeal No.107 of 2013 by the

2 902.appr31.16 Ld. Sessions Court may be quashed and set aside. (c) The confiscation order dated 1st November, 2012 passed by the Respondent No.3 on 01.11.2012 under Ref. No.NS/AMAL/6-A/P.NO.60/2012/J-765 be quashed and set aside."

The impugned order is passed in Revision Application No.237 of 2015. From perusal of the impugned order it is clear that the order is passed on merits after hearing both the parties and the revision application was dismissed on merits. In the circumstances there is no occasion to seek relief of either recalling the said order or considering afresh or setting aside the said order. The remedy of the applicant was to challenge the same. In the circumstances this application has no merit. Hence, I pass the following order : (a) Criminal Application No.31 of 2016 is dismissed. (b) No order as to the costs.

(A.K. MENON, J.)