Purshottam Gobindram Bansi And ORS v. Sangita Bherulal Jain And ANR

13 appp 293-19 +2.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 293 OF 2019 in ANTICIPATORY BAIL APPLICATION NO. 489 OF 2017 Purshottam Gobindram Bansi & Ors.

..Applicants v/s.

Sangita Bherulal Jain & Anr.

..Respondent/s Mr. G.R.Dalvi for the Applicant in ABA/489/2017. Mr. S.B.Shelar for the Respondent No.1.

Mrs. A.A.Takalkar APP for the Respondent-State. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 6th APRIL, 2022.

P.C.

1.

This application is for refund of amount of Rs. 28,08,120/- with interest, if any, to the partnership firm "Oricon Developers". 2.

The partners of the said partnership firm had filed Anticipatory Bail Application No. 489 of 2017. The records indicate that by order dated 17.04.2017, this Court had granted interim bail pursuant to the statement made by the Counsel for the Applicants, that the Applicants were ready to deposit an amount of Rs.20 lakhs with interest at the rate of 18% per anum. Order dated 24.04.2017 in ABA/489/2017 reveals that the Applicants had deposited the amount of Rs.28,08,120/- , and as such interim relief was confirmed.

3.

The Applicants have placed on record copy of order dated Salgaonkar

13 appp 293-19 +2.doc 20.12.2018 in Criminal Application No. 1039 of 2018 filed under Section 482 of Cr.P.C. The said order reveals that the parties had resolved the dispute and FIR has been quashed. In view of which the Applicants have now sought refund of the amount deposited before this Court along with interest, if any.

4.

Learned Counsel for the original Complainant has no objection for refund of the amount. Hence, the amount of Rs.28,08,120/- along with accrued interest, if any, be refunded to the partnership firm "Oricon Developers".

5.

Criminal Application stands disposed of in above terms. Digitally signed by PRASANNA P SALGAONKAR Date:

2022.04.08 15:08:09 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) Salgaonkar