Fountain Square Chs. Ltd v. The State Of Maharashtra And ORS
37-IA-2931-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2931 OF 2022 IN CRIMINAL WRIT PETITION NO. 3624 OF 2021 Fountain Square Chs. Ltd ...Applicant
Versus
The State Of Maharashtra And Ors.
...Respondents
....
Mr. Niranjan Mundargi i/b Mr. Ajay Khaire, Advocate for the Applicant in Interim Application.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM
:
PRAKASH D. NAIK, J.
DATE :
21st SEPTEMBER, 2022.
PER COURT :
1.
The limited prayer sought in this application is to direct the Additional District and Sessions Court, Vasai, to decide the application dated 26th October, 2018 expeditiously within stipulated time. The said Application is pending before the MPID Special Court/Sessions Court from 26th October, 2018. 2.
Vide order dated 28th October, 2021 passed by this Court in Writ Petition No.3624 of 2021, this Court had directed that, the aforesaid application be decided expeditiously after granting opportunity of hearing to the stake holders.
3.
Learned Advocate for the Petitioner submits that, in spite of direction of this Court to decide the said application expeditiously, the application is not decided and is pending before the concerned Kiran Kawre
37-IA-2931-2022.doc Court. The application relates to the objection of the Petitioner for attachment of the said property belonging to the Petitioner-Society. 4.
Considering the facts that the Application is pending since 2018 and considering direction issued vide order dated 28th October, 2021, the prayer sought in this application can be granted. 5.
The hearing of application at Exhibit-23 pending before the Court of Additional Sessions Judge, at Vasai, District Palghar, in MPID Special Case No. 2 of 2016 be decided by the Court expeditiously after granting opportunity of hearing to the concerned persons within a period of three months from the date of the receipt of this order.
6.
Interim Application No.2931 of 2022 is disposed off accordingly.
7.
This order may be communicated to the trial Court by the Applicant.
(PRAKASH D. NAIK, J.) Kiran Kawre