Shwet Sarita Farm Products v. The State Of Maharashtra And ANR

1 WP289.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 289 OF 2016 Shwet Sarita Farm Products Partnership Firm .. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents ........

Mr Surekha Mahajan, Advocate for the petitioner Mr R. B. Bagul, APP for respondent/State .......

CORAM : M.T. JOSHI, J.

DATE : 29/02/2016 ORAL ORDER :

.

Heard both the sides.

2.

Prima facie the complaint would show, that it was within the limitation.

3.

Ms Surekha Mahajan, learned counsel for the petitioner, places reliance on the judgment of Delhi High Court in the case of ICICI Bank Ltd. Vs. Prafulla Chandra reported in 139 (2007) DLT 538 and Subodh S. Salaskar v. Jayprakash M. Shah and Anr. reported in AIR 2008 SC 3086(1).

2 WP289.2016 .

However, as to whether the complaint was filed beyond the period of limitation and as to what would be the effective date of filing of the complaint upon transfer of the same from one Court to another are to be decided on merit by the Court.

4.

In the circumstances, there is no merit in the present writ petition and same is therefore dismissed. [M.T. JOSHI] JUDGE sgp