Bombay High CourtAPPW/253/2018others disposed off

Miraaj Oberoi @ Hemal Vora @ Raj Oberoi v. Dhruti Hemal Vora @Dhruti M Paleja And ANR.

2018-07-25Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 appw-253-18(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.253 OF 2018 IN CRI. WRIT PETITION NO.2284 OF 2018 Miraaj Oberoi @ Hemal Vora @ Raj Oberoi .. Applicant Vs.

Dhruti Hemal Vora @ Dhruti M. Paleja .. Respondent ......

Mr.Miraaj Oberoi, Applicant, in person.

Mr.Ashok Kumar Dubey I/b. M/s.SAVJ Law Solutions, Advocate for Respondent No.1.

Mr.Y.M. Nakhwa, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JULY 25, 2018.

P.C. :

This is an application for recalling order dated 19th May, 2018. The grievance of the applicant is that the petitioner in Criminal Writ Petition No.2284 of 2018 had not given notice to the present applicant and this matter was heard on 19th June, 2018.

Order dated 19th June, 2018, was passed directing the trial Court to decide the application preferred by the petitioner in by Rajeshri Prakash Aher Date:

2018.08.31 11:11:50 +0530 Rajeshri Prakash Aher

rpa 2/3 appw-253-18(2).doc Criminal Writ Petition No.2284 of 2018, within a period of four weeks. While passing the order, this Court has not expressed any views on the merits of the application which was pending before the trial Court. However, while passing the said order it is mentioned that the application preferred by the petitioner in the trial Court for recalling aforesaid order on 29th December, 2017, be decided. However, the applicant herein submitted that the application was filed on 5th March, 2018 and not on 29th December, 2017. Learned counsel for respondent no.1 herein confirmed that indeed the application is filed on 5th March, 2018 and not on 29th December, 2017. Be that as it may, while disposing of petition, the trial Court was only directed to decide the application. It is submitted by learned counsel for respondent no.

1 that the said application has been heard and is pending for orders on 30th July, 2018. In this circumstances, there is no need to recall order dated 19th June, 2018. Applicant has made a grievance that he had filed applications before the trial Court seeking several reliefs and the applications are pending. However, learned counsel for the respondent herein submitted that he has filed several applications and due to which it is difficult for the trial Court to decide the said application.

rpa 3/3 appw-253-18(2).doc directed that trial Court is at liberty to decide the said applications in accordance with law, as expeditiously as possible. Criminal application stands disposed of.

(PRAKASH D. NAIK, J.)