Mahesh Narayan Joglekar v. Dmson'S Metal Private Limited And ORS

18 appp 835-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 835 OF 2017 IN CRIMINAL APPLICATION NO. 278 OF 2017 Mahesh Narayan Joglekar ... Applicant V/s.

DMSON's Metal Pvt. Ltd. & Ors.

... Respondents ----- Mr. Ashish Singh i/b DSK Legal for the Applicant. Ms. Pooja Rathod i/b Anil Agarwal for the Respondent No.1 Ms. Rutuja Ambekar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 20th SEPTEMBER, 2017 P.C.:

This is an application for restoration of Criminal Application No. 278 of 2017 which is dismissed for non removal of office objections. There is a delay of 158 days in preferring present application. Learned Counsel for Respondent No.1 vehemently opposed the present application.

However, for the reasons stated in the application and in the interest of justice, I am inclined to allow the application subject to condition that the Applicant shall pay costs of Rs.10,000/- to the High Court, Legal Aid Committee. Hence, the following order:

a) Delay of 158 days in preferring present application is condoned and Sneha Chavan 1/2

18 appp 835-17=.doc application is restored to the file subject to condition that the Applicant shall pay costs of Rs.10,000/- to the High Court, Legal Aid Committee within a period of two weeks from today.

b) Payment of costs shall be condition precedent for restoration of criminal application.

c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2