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Bombay High CourtIA/499/2022allowed

Securities And Exchange Board Of India v. Baroda Agro Industries Ltd. And ORS.

2022-03-02Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 5 ia 499 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.499 OF 2022 IN CRIMINAL APPEAL NO.134 OF 2006 Securities and exchange Board of India .. Applicant/ Appellant

Versus

Baroda Agro Industries Ltd. And Ors.

.. Respondents ......

Ms.Sabina Ansari, Advocate for the Applicant/Appellant. Ms.P.N. Dabholkar, APP for the Respondent - State. ......

CORAM :

PRAKASH D. NAIK, J.

DATED :

MARCH 02, 2022.

P.C. :

This is an application for restoration of Criminal Appeal No.134 of 2006, which has been dismissed vide order dated 18th January, 2022.

Learned counsel for the applicant submits that the Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.03.07 17:25:34 +0530 Appeal was listed on 12th July, 2021, and, this Court had noted that RAJESHRI PRAKASH AHER the previous advocate on record was elevated as Judge of this Court, and directed Registry to issue appropriate notice to the appellant. Subsequently, the Appeal was listed on 26th July, 2021. On that day, it was noted that notice was issued and service report was awaited. Learned counsel representing the applicant was appointed as an

rpa 2/2 5 ia 499 2022.doc advocate to represent the appellant. He fled the Vakaltnama on 4th August, 2021. On 10th August, 2021, the advocate for the appellant had appeared and requested for time to serve the respondents. The Court granted eight weeks time. Thereafter, the appellant attempted to serve the notice upon respondents, but, they were not available. Learned counsel for the applicant/appellant submits that appropriate steps would be taken for serving the respondents. Thereafter, the learned advocate representing the appellant met with an accident, and, was not able to attend the offce. The Appeal was listed on 4th January, 2022. Learned counsel could not attend the proceedings on account of injuries.

Considering the aforesaid circumstances and in the interest of justice, criminal Appeal 134 of 2006, is restored to fle. Interim Application No.499 of 2022, stands disposed of accordingly;

Appeal be listed on 21st March, 2022.

Advocate for the applicant shall take steps for complying the offce objections.

(PRAKASH D. NAIK, J.)