M/S. Simm Samm Airways Pvt. Ltd. v. M/S. M. D. Helicopters Inc And ORS

922.wp-2932.17.doc sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2932 OF 2017 M/s. Simm Samm Airways Pvt. Ltd.

... Petitioner vs.

M/s. M. D. Helicopters Inc., & Ors.

... Respondents Mr. Pradeep Rajagopal a/w Ms. Drishti Shah i/b. Rekha Rajagopal for the Petitioner.

Mr. S. V. Gavand, APP, for the Respondent-State. CORAM : A.K. MENON, J.

DATE : 3 rd AUGUST, 2017 P.C.

1. By this writ petition, the petitioner challenges two orders; st April, 2017 whereby the applicant was directed Firstly an order dated 21 to take steps for serving notice upon the respondent no.1 to 4 by adopting proper procedure. This order came to be passed in view of the fact that notice of the application pending before the lower Court was sought to be served by substituted service pursuant to orders passed by the Sessions th October, 2015 and 11 th August, 2016.

Court on 20

2. The impugned order recorded that since Cr. P.C. does not provide for substituted service it was not be possible to hold that service of notice upon the respondents by publication of the notice in a newspaper was proper. As far as this order is concerned, there is no reason to find fault with the same.

922.wp-2932.17.doc th July, 2017 which

3. The second order impugned in this petition is dated 24 th was challenged after this petition was filed. By this second order dated 24 July, 2017, Misc. Application no.2395 of 2013 which sought condonation of delay in filing of the main revision application came to be dismissed. The dismissal occasioned upon failure to serve respondent nos.1 to 4 in accordance with law and hence operates against only respondent nos.1 to 4.

4. Today, Mr. Rajagopal, the learned counsel for the petitioner states that the petitioner will take appropriate steps to serve respondent nos.1 to 4 in accordance with law.

th July, 2017 can be set

5. In view of the same, the impugned order dated 24 aside since it is an application seeking condonation of delay and will be crucial to the case of the present petitioner in the main revision application. In the circumstances, I pass the following order:- (i) Rule. Rule returnable forthwith. By consent taken up for final disposal. th July, 2017 passed by the Sessions Court is set aside. (ii) Order dated 24 (iii) Rule made absolute in the above terms.

(A. K. MENON, J.)