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Bombay High CourtIA/2166/2023allowed

Kamlesh Kantilal Panchal And ORS. v. The State Of Maharashtra And ANR.

2023-07-07Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shivkumar Dige2 pages

NSK 14-ia-2166-23 in apl-374-20 with ia-2169-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2166 OF 2023 IN CRIMINAL APPLICATION NO.374 OF 2020 Kamlesh Kantilal Panchal & Ors.

...Applicants V/s.

State of Maharashtra & Anr.

...Respondents

WITH INTERIM APPLICATION NO.2169 OF 2023 by NILAM SANTOSH KAMBLE Date: 2023.07.10 16:44:09 +0530 NILAM SANTOSH KAMBLE IN CRIMINAL APPLICATION NO.1211 OF 2017 Rajesh Gangji Rambhia & Ors.

...Applicants V/s.

State of Maharashtra & Anr.

...Respondents

Mr.Prashant Raul a/w Mr.Rushabh Thacker i/b V.N. Naik & Co., for the Applicants in both Applications.

Mrs.M.M. Deshmukh, APP for the Respondent-State in both Applications.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 07th JULY 2023 P.C.

1.

The learned Advocate for the Applicants submitted that, as a matter of fact the Applicant's Advocate had deposited cost with the concerned authority on 2nd March 2023. However, he did not furnish necessary receipt and gave intimation to the Registry about 1/2

NSK 14-ia-2166-23 in apl-374-20 with ia-2169-23 the same on or before 15th March 2023 and that is the reason why the Registry put up the note on 9th June 2023 regarding nonpayment of cost. That, as a consequences thereof, the Application' s were dismissed by this Court on 9th June 2023 for non-compliance of Order dated 22nd February 2023. He pointed out the receipt of payment of cost dated 2nd March 2023 which is at Exhibit-C. 2.

In view of the above, the Applications are allowed in terms of prayer Clause-(a).

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2