Paras Somchandbhai Chandaria v. Vishal Arvind Upadhyay And ORS

ssm 1 71-appp429.18.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 429 OF 2018 IN CRIMINAL APPLICATION NO. 238 OF 2016 Paras S. Chandaria ....Applicant.

Vs.

Vishal Arvind Upadhyay & Ors.

....Respondents.

Mr. A.D. Kango for the Applicant.

Ms. V.S. Mhaispurkar, APP for the Respondent-State. None for the other Respondents.

CORAM : A. S. GADKARI, J.

DATE : 19th APRIL, 2018.

P.C.:- This is an Application for restoration of Criminal Application No. 238 of 2016, which was dismissed for nonprosecution by an Order dated 21st March, 2018. Heard the learned counsel for the Applicant.

Mr. Kango, the learned counsel for the Applicant submitted that, he has already served the notice of the Application to the Respondent Nos. 1 to 3 and affidavit of service dated 12th April 2018, has been filed in that behalf. Despite service, none appears for the Respondent Nos. 1 to 3.

For the reasons stated in the Application, Application is allowed in terms of prayer clause (a).

(A.S. GADKARI, J.) 1/1