M/S D. G. Patil And Company Through Devidas Gorakh Patil And ANR v. M/S Rajdevendra Constructions Private Limited Through Sakharam Pandurang Nale And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.647 OF 2018 WITH INTERIM APPLICATION NO.2191 OF 2022 WITH CRIMINAL REVISION APPLICATION NO.648 OF 2018 WITH INTERIM APPLICATION NO.2192 OF 2022 M/s.D.G.Patil and Company through Devidas Gorakh Patil and another Applicants versus M/s.Rajdevendra Constructions Pvt.Ltd. Through Sakharam Pandurang Nale and another Respondents WITH INTERIM APPLICATION NO.689 OF 2019 IN CRIMINAL APPLICATION NO.616 OF 2018 WITH INTERIM APPLICATION NO.690 OF 2019 IN CRIMINAL APPLICATION NO.615 OF 2018 M/s.Rajdevendra Constructions Pvt.Ltd.

Applicants versus M/s.D.G.Patil and Company through Devidas Gorakh Patil and another Respondents AND INTERIM APPLICATION NO.690 OF 2019 (CIVIL SIDE) Hindusta Coca-cola Beverages Pvt.Ltd.

Applicant versus Sahiba Akbar Ali Respondent MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.07.18 11:55:29 +0530 AND INTERIM APPLICATION NO.689 OF 2019 (CIVIL SIDE)

2 of 3 19&501.Revn.647.2018.doc Union of India through Central Railway Executive Engineer (Development) Applicant versus Kaswhinath Hasha Patil (Dead) through Legal Heirs Smt.Subhadra Kashinath Patil and others Respondents Mr.Sujay H. Gangal i/by Mr.Ravi Shinde, Advocate for revision applicant Mr.Kunal D.Ambulkar, Advocate for respondent no.1 in revision applicnat.

Mahee Vohra i/by Link Legal India Law Services, Advocate for applicant in IA No.690 of 2019.

Mr.A.R.Patil, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 15th July 2022 PC :

1.

Heard learned counsel for applicants. It is submitted that Interim Application Nos.690 of 2019 and 689 of 2019 are civil side matters and wrongly tagged with criminal side matters. It is directed that these two matters be de-tagged from the criminal revision applications.

2.

The revision applicant in Revision Applicant No.647 of 2018 has expired on 4th December 2021. The death certificate is annexed to the application. Interim Application Nos.2191 of 2022 and 2192 of 2022 are preferred for bringing on record legal heirs of applicant. 3.

Learned counsel for respondent opposed the application. However, considering the fact that accused had preferred application challenging order of conviction and revision application is pending

3 of 3 19&501.Revn.647.2018.doc before this Court, the legal heirs are permitted to be brought on record. Interim Application Nos.2191 of 2022 and 2192 of 2022 are allowed. Requisite amendment be carried out within one week from today.

4.

Interim Application No.689 of 2019 in Criminal Revision Application No.616 of 2018 and Interim Application No.690 of 2019 in Criminal Revision Application No.615 of 2018 be listed on 27th July 2022.

(PRAKASH D. NAIK, J.) MST