M/S. M. G. Constructions v. Surendra Dattatraya Joshi And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 708 OF 2017 M/s. M.G. Constructions & Ors.

....Applicants.

Vs.

Surendra Dattatraya Joshi & Anr.

....Respondents.

Mr. Jayesh Kocheta for the Applicants.

Mr. V.V. Gangurde, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 13th MARCH, 2018.

P.C.:- By the present Application, the Applicants have challenged the Order dated 8th September 2017, passed by the learned Additional Sessions Judge, Pune in Criminal Appeal No. 435 of 2017 passed below Exhibit 5, thereby directing the Applicants to pay a part of compensation i.e. Rs.15,00,000/- (Rupees Fifteen Lacs only) within a period of one month from the date of passing of the said order. During the course of the arguments, Mr. Kocheta, the learned counsel appearing for the Applicants submitted that the Applicants had deposited a sum of Rs.4,10,000/- (Four Lakhs Ten Thousand only) in the Registry of the Appellate Court. He further, on 1/2

ssm 2 22-appln708.17.sxw instructions, submitted that the Applicant Nos. 2 and 3 jointly will deposit an additional amount of Rs.6,00,000/- (Rupees Six Lakhs only) in the Registry of the Appellate Court within a period of four weeks from today. The said statement is accepted. In view of the above, the Order dated 8th September, 2017 is accordingly modified and the Applicants are directed to deposit additional sum of Rs.6,00,000/- (Rupees Six Lakhs) with the Registry of the Appellate Court.

After the Appellants/Applicants deposit the said balance of Rs.6,00,000/- (Rupees Six Lakhs), the learned Additional Sessions Judge, Pune is directed to expedite the hearing of the Appeal and to make an endeavour to dispose it of within a period of one year from the date of depositing the said amount of Rs.6,00,000/- (Rupees Six Lakhs).

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