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Bombay High CourtWP/1940/2015others disposed off

Naresh Daswani And ANR v. The State Of Maharashtra And ANR

2015-09-16Hon'Ble Shri Justice Rajesh G. Ketkar,Hon'Ble Shri Justice Ranjit More.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1940 OF 2015 Naresh Daswani & Anr.

..Petitioners.

Versus

The State of Maharashtra & Ors.

..Respondents.

Mr. R.S.Apte, Sr. Adv. With Mr. Prashant Pandey i/by V.B.Dhingreja, advocates for petitioners.

Mrs. M.M.Deshmukh, APP for the State.

Ms. Rebecca Gonsalves, advocate for respondent no.2. Coram : RANJIT MORE & R.G.KETKAR, JJ.

Date : 16th September, 2015.

P. C. :

Ms. Gonsalves the learned counsel for respondent nos.2-CBI, at the outset, makes a statement that charge-sheet pertaining to RC-6/E/2014 registered on 30.12.2014 is already filed in the Court of J.M.F.C.,Kalyan and that steps are being taken for attachment of the property in question namely, Flat No.1001, 10th Floor, Fortune Heritage in Sargam Co-operative Housing Society Ltd., Bandra (West), Mumbai 400 050. Similar statement is also made in paragraphs 13 and 14 of the affidavit of Ms. Jayshree Rao, Deputy S.P., CBI EOW, Mumbai. She further states that petitioners would be heard by the District Judge before passing final order of attachment of the subject flat. Statements are accepted. In view of the aforesaid statements, Mr. Apte, the learned Senior Counsel for petitioners, seeks leave to withdraw the Shivgan 1/3

petition. Leave granted. Petition stands dismissed as withdrawn. Respondent no.2-CBI shall initiate proceedings for the attachment of the subject flat as early as possible and preferably within a period of 8 weeks from the date of receipt of this order. It is expressly made clear that we have not gone into the merits of the matter and all points and contentions of the respective parties are kept open.

[R.G.KETKAR, J.] [RANJIT MORE, J.] CERTIFICATE Shivgan 2/3

Certified to be true and correct copy of the original signed judgment/order.

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