Ashu Ashok Sabharwal And ANR v. The State Of Maharashtra

rsk 1/2 26-APL-711-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.711 OF 2019 Ashu Ashok Sabharwal and Anr.

...Applicants vs.

The State of Maharashtra

...Respondent

---- Mr. Hamed Kadiavi i/b Kavisha Shah for the Applicants. Deepa Kamath for Respondent No.2.

Mr. S. R. Shinde, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 8/1/2020.

P.C.:

.

Applicant No.1 is present with his counsel. Applicant No.2 is also present with her counsel.

2.

In Petition for Maintenance No.C-74/2018 Consent Terms have already been entered into between parties and even produced before the Family Court at Bandra on 1/4/2019.

3.

As per this Consent Terms applicant No.2 has received back the articles mentioned in paragraph No.3 and paragraph 10 (b) of the Consent Terms.

4.

Applicant No.1 has expressed readiness and willingness to deposit amount of Rs. 20 Lakhs with the Family Court within a period of one week from today.

rsk 2/2 26-APL-711-19.doc 5.

Applicant No.2 and her advocate accept the Consent Terms and give no objection. It appears that affidavit in support of Consent Terms was already tendered in the Family Court on 10/6/2019. 6.

In this situation, subject to applicant No.1 depositing DD in the sum of Rs.20 lakhs with the Family Court, Bandra in Petition for Maintenance No.C-74/2018 within two weeks from today, we make rule absolute in terms of prayer clause (a). Registry of Family Court to accept said deposit.

7.

If the Family Court passes suitable order in Petition No.C74/2018 applicant No.2 shall be entitled to withdraw that amount of Rs.20 lakhs with interest accrued upon it.

8.n The Petition is allowed and disposed of.

(N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)