Mahendrabhai Gadhia And ANR v. State Of Maharashtra And ANR

suresh 16-APEAL-845.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPEAL NO.845 OF 2016 Mahendrabhai Gadhia & Anr.

.... Appellants Vs.

State of Maharashtra & Anr.

.... Respondents None for the Appellants.

Mr. J.P. Yagnik, APP, for the Respondent-State. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : NOVEMBER 13, 2017 P.C:

1.

This matter has been on board and at least twice it was listed on our board. Prior thereto, it was on the board of another Division Bench which was assigned the same judicial work.

2.

We find that there was an order passed by this Court granting ad-interim relief in terms of prayer clause (c). That was on the condition that the appellants deposit in this Court a sum

suresh 16-APEAL-845.2016.doc of Rs.3,07,49,973/-. On 8-3-2017 such an order was passed. The order was passed on the statement of the appellants' counsel Mr. S.R. Karnik.

3.

This Court has noted that the amount has not been deposited and extended the time by four weeks by a further order passed on 7-6-2017.

4.

From the roznama and the order-sheet we do not find compliance made of this statement, recorded earlier. 5.

Precisely for this reason the appellants before this Court, Mahendrabhai Gadhia and Lata Mahendra Gadhia, both senior citizens, are absent and equally their Advocate. The Criminal Appeal is, therefore, dismissed.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)