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Bombay High CourtWP/679/2018others disposed off

Au Small Finance Bank Limited And ORS v. Manish Mohanlal Thakkar And ANR

2018-02-23Hon'Ble Justice Revati Mohite Dere2 pages

WP 679-18.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 679 OF 2018 AU Small Finance Bank Ltd. & ors.

.Petitioners Vs.

Manish Mohanlal Thakkar & anr.

.Respondents Mr. K. Patil i/b. Vivek Patil & Associates, Advocate, for the Petitioners Mr. H. J. Dedhia, APP, for the Respondent No. 2 - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

23.02.2018 P.C.

.

At the outset, learned counsel for the Petitioners presses only for prayer clause (a) and does not press for prayer clause (b). Prayer clause (a) reads thus :- " (a) This Hon'ble Court may please to direct the Ld. Sessions Court, Dindoshi to consider the Criminal Revision Application No. 36 of 2017 pending before 13th Court at Dindoshi for ad interim reliefs and further for final disposal of the Application within period of two weeks."

2.

Learned counsel for the Petitioners states that though the aforesaid Revision Application No. 36 of 2017 was filed in February, 2017 and certain ad-interim orders were sought, till date the said

WP 679-18.doc Application has not been considered or decided including prayer for adinterim reliefs. He submits that the Respondents therein have already been served and have put in their appearance before the Revisional Court through their Advocate. He submits that the Revisional Court be directed to decide the prayer for ad-interim relief at the earliest, considering the fact that the Applicants are required to attend the trial Court when the Revision Application is pending before the Sessions Court. Accordingly, the Petition is allowed on the following terms & conditions :-

O R D E R

(i) The learned Sessions Judge, Dindoshi shall consider the ad-interim relief prayers made in Cri. Revision Application No. 36 of 2017 as expeditiously as possible and preferably within two weeks from the date of receipt of this order;

(ii) The hearing of the Cri. Revision Application is expedited; (iii) If an exemption Application is preferred by the Applicant before the learned trial Court on the next date, the same shall be considered sympathetically by the trial Court. (REVATI MOHITE DERE, J.)