Maharashra Small Scale Industrial Development Corporation Ltd. v. Sudin Shivaji Baraokar And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.502 OF 2018 IN CRIMINAL APPLICATION NO.425 OF 2014 (For Leave to Appeal - Private) WITH CRIMINAL APPLICATION NO.503 OF 2018 IN CRIMINAL APPLICATION NO.426 OF 2014 (For Leave to Appeal - Private) WITH CRIMINAL APPLICATION NO.504 OF 2018 IN CRIMINAL APPLICATION NO.423 OF 2014 (For Leave to Appeal - Private) Maharashtra Small Scale Industrial Development Corporation ...

Applicant V/s.

Shri.Sudin Shivaji Baraokar & Anr.

...

Respondents .....

Mr.Vaibhav R. Gaikwad, Advocate for the Applicant. Mr.Shailesh D. Chavan, Advocate for the Respondent No.1. Mr.P.H.Gaikwad-Patil, APP for the Respondent/State in ALP/502/2018 and ALP/504/2018.

Mrs.M.R.Tidke, APP for the Respondent/State in ALP/503/2018. ....

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CORAM : A.M.BADAR J.

DATED : 28th SEPTEMBER 2018.

P.C. :

These are applications for restoration of applications for the leave to appeal. The applications for leave to appeal came to be dismissed for want of prosecution on 28th March 2018. Heard both sides.

The learned Counsel appearing for the Respondent No.1 vehemently opposed these applications by containing that there was no sufficient cause for non-appearance before the Court when the applications for leave to appeal were called out for hearing.

I have considered the submissions to advanced. For the reasons stated in the applications, I am of the considered opinion that the applicant was prevented by sufficient cause for not appearing before the Court when the matters were called out for hearing. Therefore, the Order :

ORDER

(i) Instant applications are allowed.

(ii) The Order dated 28th March 2018 dismissing the applications for want of prosecution is recalled. 2/3

(iii) The subject Criminal Applications for leave to appeal are restored to the file.

(A.M.BADAR J.) Raju Dattatraya Gaikwad by Raju Dattatraya Gaikwad Date: 2018.10.06 14:56:47 +0530 3/3