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Bombay High CourtIA/719/2021delay condonatedrejected

Jaiwanti W/O Sh Roshal Lal And ORS v. Competent Authority And ORS

2022-08-26Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh3 pages

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.08.30 12:15:50 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 719 OF 2021 IN CRIMINAL APPEAL (STAMP) NO. 6282 OF 2020 Jaiwanti w/o Sh. Roshan Lal & Ors.

...Applicants/Appellants

Versus

Competent Authority under MPID Act, Mumbai & Ors.

...Respondents

Mr. Munish Kumar i/b Mr. Ninad Mazumdar for the Applicants/Appellants Mr. Avinash Avhad, Spl. P. P. for the Respondent Nos.1 & 2-State Mr. S. Venkateshwar for the Respondent No. 4 Mr. Saurabh Mehra i/b Ms. Kranti S. Anand for the Respondent No. 5 P.I Mr. Anant Matkar from EOW is present CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

FRIDAY, 26 th AUGUST 2022 P.C. :

At the outset, learned counsel for the applicants/appellants 1/3

seeks leave to amend to delete the respondent No.3-Quiker Realty Ltd. from the array of respondents, since the respondent No. 3 is not a contesting respondent. Leave granted. Amendment be carried out forthwith.

By this application, the applicants/appellants seeks condonation of delay of 2 years and 268 days caused in filing the aforesaid appeal. The reason for filing this appeal belatedly is set-out in the application.

Learned Spl. P.P. for the respondent Nos. 1 and 2 submits that the applicants/appellants have no locus to file the aforesaid appeal and as such, a preliminary objection is raised with respect to the locus of the appellants.

For the reasons set out in the application, subject to the preliminary objection raised by the learned Spl. P. P. appearing for the respondent Nos. 1 and 2, we condone the delay of 2 years and 268 2/3

days caused in filing the aforesaid appeal.

We make it clear that the preliminary objection raised by the Spl. P.P. appearing on behalf of the respondent Nos. 1 and 2 is kept open, to be considered when the aforesaid appeal is heard. Application is allowed and disposed of accordingly. SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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