Jaysingh Vallabhdas Mariwala Director Marico Ltd., And ORS. v. The State Of Maharashtra And ANR.
rpa 1/3 8ia3410,3409of2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3410 OF 2021 IN CRIMINAL WRIT PETITION NO.87 OF 2005 Jaysingh Vallabhdas Mariwala and Ors.
.. Applicants
Versus
State of Maharashtra and Anr.
.. Respondents WITH INTERIM APPLICATION NO.3409 OF 2021 IN CRIMINAL WRIT PETITION NO.86 OF 2005 Jaysingh Vallabhdas Mariwala and Ors.
.. Applicants
Versus
State of Maharashtra and Anr.
.. Respondents ......
Mr.Sunil V. Manohar, Senior Counsel a/w. Mr.Akshay A. Naik and Mr.Gireesh U.G. Menon, Advocate for the Applicants. Mr.A.D. Kamkhedkar, APP for the Respondent No.1-State. ......
CORAM : PRAKASH D. NAIK J.
DATED : JULY 11, 2022.
P.C. :
Both these applications are preferred for recalling order dated 15th February, 2021, and, restoration of Criminal Writ Petition No.87 of 2005 and Criminal Writ Petition No.86 of 2005. Digitally signed by RAJESHRI PRAKASH AHER Date:
2022.07.13 15:47:21 +0530 RAJESHRI PRAKASH AHER
rpa 2/3 8ia3410,3409of2021.doc The petitions were listed for hearing on 15th February, 2021, and, since none appeared for the petitioners, the petitions were dismissed for non prosecution.
Learned counsel for the petitioners submits that the reasons for non appearance of advocate representing the petitioners is mentioned in this application. The advocate for the petitioners was requested to travel to Delhi on 14th February, 2022, and, he was not aware of the listing of these matters. Upon reaching Delhi, the advocate suffered symptoms of fever and weakness and advised rest. After undergoing test, it was revealed that he was suffering from Covid-19.
These applications were preferred within short span of time after the dismissal of the petitions for non prosecution. The petitions were admitted by this Court vide order dated 17th October, 2005, and, interim relief qua petitioners was granted in terms of prayer clause (d). For the reasons stated in the applications, and, considering the submission of the learned counsel for the petitioners/applicants, the petitions are required to the restored.
rpa 3/3 8ia3410,3409of2021.doc Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application Nos.3410 of 2021 and 3409 of 2010, are allowed;
(ii) The order dated 15th February, 2021, stands recalled and the petitions are restored to fle with interim relief granted in favour of the petitioners;
(iii) Interim Applications stand disposed of accordingly; (iv) The Writ Petitions be listed for hearing in due course. (PRAKASH D. NAIK, J.)