Rakesh P Gupta v. State Trading Corporation Ltd And ORS

Mhi 1 APPW-43-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 43 OF 2016 IN CRIMINAL WRIT PETITION NO. 973 OF 2014 Rakesh P. Gupta ...

Applicant vs.

The State of Maharashtra & Ors.

...

Respondents Mr. Chetan Akerkar,Advocate for the applicant. Mr. Aninoddha Lad i/b. BJ Law Offices LLP for respondent No.1. Ms. A.A.Mane, APP, for the State.

CORAM:

SMT. SADHANA S.JADHAV, J.

DATE : 10th June, 2016.

P.C.

Heard. This is an application seeking restoration of the Writ Petition which was dismissed for want of prosecution by an order dated 12.12.2014.

2.

The learned counsel submits that there has been a change of advocate. The learned counsel for the respondent submits that the petitioner had sought unwarranted adjournments from time to time and therefore the order need not be set aside. This Court cannot be oblivious of the fact that the litigant shall not suffer for the negligence of the Advocate,

Mhi 2 APPW-43-16.sxw this Court is inclined to restore the matter to its original status on condition that copies of the petition and the annexures are served upon the learned counsel for the respondent within one week from today and also fine of Rs.300/- to be deposited within one week from today. Application is allowed and stands disposed of. (SMT.SADHANA S.JADHAV, J.)