Rwe Supply And Trading (India) Private Limited v. The State Of Maharashtra

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2021.08.17 14:12:32 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1826 OF 2021 RWE Supply and Trading (India) Private Limited

...Petitioner

Versus

1. The State of Maharashtra

2. M/s. Regencyy Corporation

3. Mrs. Reema Kartik Vasani

4. Mr. Kartik Pravinchandra Vasani

...Respondents

Mr. Karan Kadam and Ms. Deepa Shetty i/b M/s Nankani and Associates for the Petitioner.

Mr. Kushal Mor a/w Kunal Bilaney for the Respondent No.2 to 4. Mr. A.R.Patil, A.P.P for the Respondent No.1-State. CORAM : REVATI MOHITE DERE, J.

DATE : 11 th AUGUST, 2021 P.C. :

1.

The order impugned in the aforesaid petition is the order dated 1st March, 2021 passed by the learned Metropolitan Magistrate, 50th Court, Bandra, Mumbai below Exh.85 in C.C.No.2379/SS/2015. 2.

Having perused the order, the same cannot be sustained as there are no reasons spelt out by the learned Magistrate for entertaining the 1/3

application which was earlier rejected.

3.

Learned Counsel for the Respondent Nos. 2 to 4, on instructions, states that he has no objection if the order dated 1st March, 2021 is set aside and that the matter is remitted back to the Trial Court for fresh consideration.

4.

Accordingly, the impugned order dated 1st March, 2021 passed by the learned Metropolitan Magistrate, 50th Court, Bandra, Mumbai below Exh.85 in C.C.No.2379/SS/2015 is quashed and set aside. The application Exh.85 is restored back to its original file. The learned Magistrate to hear the parties on merits and thereafter, pass an appropriate order. 5.

It is made clear that this petition has not been heard on merits and as such, all contentions of all the parties are kept open. It is also made clear that the impugned order is quashed and set aside as there are no reasons assigned by the Magistrate for entertaining the said application (Exh.85).

6.

The aforesaid application to be decided expeditiously and preferably within four weeks from the date of receipt of this order. 2/3

7.

It is informed that the proceeding have already been expedited by this Court. Hence, no separate order.

8.

Petition is allowed on the aforesaid terms and is accordingly disposed of.

9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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