M/S. Soltex Petroproducts Ltd. v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1542 OF 2016 M/s. Soltex Petroproducts Ltd.

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Applicants Vs The State of Maharashtra & Anr.

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Respondents ...

Ms. Neelam Gorpade i/b Ms. Anjana Baxi for the Applicant. Mr. H.J. Dedhia, A.P.P. for the State.

CORAM:

SMT. BHARATI DANGRE, J.

DATED :

23RD SEPTEMBER, 2019.

P.C:- 1.

On 17/03/2017, notice came to be issued to the Respondents. Learned counsel for the Applicant has also placed on record Affidavit of service of the notice.

2.

Learned A.P.P. appears for Respondent No.1. Though the other Respondents have been served, none appears. 3.

The limited grievance of the Applicant is in respect of Order dated 8/10/2016 passed by the Metropolitan Magistrate when the case was placed before the Lak Adalat. The grievance is that the AJN

2/2 49 APL-1542.16.doc Applicant had filed seven cases and, out of which, in six cases, out of court settlement had worked out when the accused had shown their willingness to pay the entire amount. However, in C.C.No.4233/SS/2016 the settlement could not be worked out. Learned counsel for the Applicant submits that in fact in the said matter on 18/08/2016 the Metropolitan Magistrate, 63rd Court at Andheri had issued bailable warrant of Rs.10,000/- and directed it to be placed on 8/11/2016. This matter, according to her, was not settled and could not have been included in the list of cases which came to be disposed of in the Lok Adalat on 08/10/2016. 4.

Perusal of the record substantiates the submissions advanced by learned counsel for the Applicant. It is clear that C.C.No.4233/ SS/2016 was not settled and, therefore, was not disposed of by the Lok Adalat.

5.

In such circumstances, C.C.No.4233/SS/2016 is restored to the file of the Metropolitan Magistrate, 63rd Court at Andheri. 6.

Criminal Application is disposed of in the aforestated terms. (SMT. BHARATI DANGRE, J.) AJN