Mahesh Malhotra v. Securities And Exchange Board Of India And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1288 OF 2018 Mahesh Malhotra ...Applicant

Versus

Securities & Exchange Board of India & Anr.

...Respondents

----- Mr. Sanjeev Kadam a/w. Mr. ramdas Hake Patil i/b. Mr. P.P. Raut for Applicant.

Ms. Ushajee Peri for Respondent No. 1.

Mrs. Rutuja Ambekar, APP for Respondent - State. ----- CORAM : S.S. SHINDE, J.

DATE : 23rd SEPTEMBER 2019 PER COURT:

1.

Heard learned counsel appearing for the Applicant and learned counsel appearing for the respective Respondents. Pursuant to the order passed by this Court on 4th July 2019, it appears that, the Applicant caused appearance before the Sessions Court, Mumbai, and the said Court has granted bail on executing PR bond of Rs. 25,000/-. The said order was supposed to operate till 26th August 2019. However, learned counsel for the parties informs this Court that, the said order has been extended on 18th September 2019 and now the matter is posted for hearing on 9th October 2019.

Bhagyawant

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Since the concerned Court has granted protection to the Applicant, it would be appropriate for the Applicant to file application for recalling the order of issuance of NBW and proclamation before the concerned Court. In case such application is filed, the concerned Court to decide the same after hearing the applicant and Respondents on its own merits. Till the disposal of said applications or recalling the order of NBW, so also the proclamation, the protection granted by this Court and the said Court shall continue to operate. With the above observations the application stands disposed of.

[S.S. SHINDE, J.] Bhagyawant