Chetan Dinkar Aarane v. Madhavi Chetan Aarane And ORS.

APPR271_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.271 OF 2018 IN CRIMINAL REVISION APPLICATION (ST.) NO.287 OF 2018 (Chetan Dinkar Arne Vs. Madhavi Chetan Aarane and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Ms Suvarna B. Telgote for Applicant.

Mr. Swapnil Mhatre for Respondents No.1 and 2. CORAM : R. G. KETKAR, J.

DATE : 28TH FEBRUARY, 2019 P.C.:

Heard Ms Telgote, learned Counsel for the applicant and Mr. Mhatre, learned Counsel for the respondents No.1 and 2.

2.

This Application is taken out for condoning the delay of 245 days caused in filing the Revision Application. For the reasons stated in the Application, I am satisfied that applicant has made out a sufficient cause for condoning the delay. Apart from that, Ms Talkute states that applicant has complied order dated 14.02.2019 by depositing entire arrears in this Court in terms of the impugned order. Hence, Application is allowed in terms of prayer clause (b) with no order as to costs. Delay of 245 days is condoned. Civil Application is disposed of. 1/2

APPR271_18.doc 3.

As per the impugned order, the arrears @ Rs.6,500/- from 20.05.2014 comes to Rs.3,70,500/- (57 months x 6500/- + costs of Rs.2000/-, in all Rs.3,72,500/-). Out of that amount, applicant has already paid Rs.1,83,000/-. The applicant has deposited balance amount of Rs.1,89,500/- in this Court on 25.02.2019.

4.

Mr. Mhatre submits that the learned trial Judge has awarded maintenance to minor daughter, Mihika @ Rs.4,000/- per month. Respondent No.1 may be permitted to withdraw certain amount from the amount deposited by the applicant.

5.

In view thereof, respondent No.1 is permitted to withdraw Rs.80,000/- deposited in this Court, unconditionally. Withdrawal shall be subject to the further orders that may be passed in Criminal Revision Application. Mr. Mhatre assures that he will furnish bank details of the first respondent to the Nazir Department before withdrawing the amount.

6.

At the request of Mr. Mhatre, list the Criminal Revision Application for 'admission' on 28.03.2019 in the Supplementary Board. As the applicant has complied the order dated 14.02.2019, till next date, there shall be adinterim order in terms of prayer clause (c). (R. G. KETKAR, J.) Minal Parab 2/2