Imtiyaz Ahmad Mehandi Hasan Khan v. The State Of Maharashtra And ANR

1 /2WP-1263-17 & ors.

Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1263 OF 2017 WITH WRIT PETITION NO.1264 OF 2017 WITH WRIT PETITION NO.1265 OF 2017 WITH WRIT PETITION NO.1266 OF 2017 Imtiyaz Ahmed Mehandi Hasan Khan vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Gautam Jain for the Applicant.

Mr. S.V. Marwadi with Poonam Ankleshwaria for Respondent No.2.

Mr. Arfan Sait, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 4th May, 2017 P.C.

1) In the order dated 2.5.2017 the words "Respondent No.1" are erroneously typed instead of Respondent No.2. Correction be made accordingly. 2) The learned counsel for the petitioner has tendered the affidavits cum undertakings dated 4.5.2017. The same are taken on record and marked "X" for identification. In the said undertakings the applicant has undertaken to make the entire balance payment to the respondent No.2-Electricity Company on or before

2 /2WP-1263-17 & ors.

31.5.2017. The said undertakings are accepted. In view thereof, the writ petitions are allowed in terms of prayer clause (a).

It is however made clear that if the petitioner commits breach of the undertakings and fails to pay the entire amount on or before 31.5.2017 to the respondent No.2 Electricity Company the impugned order dated 17.2.2017 passed by the Trial Court shall stand revived without further reference to this Court. It is further made abundantly clear that the petitioner under any circumstances shall not seek extension for payment of the amount mentioned in the affidavits/undertakings. 3) All the writ petitions are allowed in the aforesaid terms.

(A.S.GADKARI, J.)