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Bombay High CourtIA/793/2022allowed

M/S D. M. Nangia Through Anilkumar M. Nangia v. Shiraz Mohamadalli Sajan And ANR

2022-07-05Hon'Ble Shri Justice Prakash D. Naik2 pages

17-IA-793-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 793 OF 2022 IN CRIMINAL WRIT PETITION NO. 617 OF 2017 M/s. D. M. Nangia Through Anilkumar M. Nangia ...Applicant

IN THE MATTER BETWEEN :-

M/s. D. M. Nangia Through Anilkumar M. Nangia

...Petitioner

Versus

Shiraz Mohamadalli Sajan And Anr.

...Respondents

....

Mr. Amol Gatne, Advocate for the Petitioner./Applicant. Mr. S. R. Agarkar, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

5th JULY, 2022.

PER COURT :

1.

This is an application for restoration of Criminal Writ Petition No.617 of 2017 which has been dismissed for want of prosecution for not complying the order dated 6th August, 2019. The Petitioner was directed to remove office objections before the next date and in the event of failure to remove office objection it was directed that the petition would stands dismissed. The applicants also seeks condonation of delay in preferring application for restoration. by SAJAKALI LIYAKAT JAMADAR Date:

2022.07.07 14:37:30 +0530 Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR

17-IA-793-2022.doc 2.

For the reasons stated in the application and in the interest of justice the delay in preferring interim application for restoration of Criminal Writ Petition No.671 of 2017 is condoned and order dated 6th August, 2019 is recalled and Criminal Writ Petition No.617 of 2017 is restored. Interim Application No.793 of 2022 is disposed of. 3.

The Petitioner shall comply the office objections within two weeks from today.

(PRAKASH D. NAIK, J.) Sajakali Jamadar