Santosh R. Trimanwar And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:18698-DB 902 WPNO. 1440 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7236 OF 2025 IN WRIT PETITION NO. 1440 OF 2019 Santosh R. Trimanwar and Another

VERSUS

The State of Maharashtra And Others WITH WRIT PETITION NO. 1440 OF 2019 Chhayabai Ashok Wakode And Others

VERSUS

The State Of Maharashtra And Others ...

• Mr. R. B. Gaikwad, Advocate for the Applicants/Original Respondent Nos. 4 &5.

• Mr. Gore Ravindra Vitthal, Advocate for Respondent Nos. 4 to 12/ Original Petitioners.

• Mr. S. P. Sonpawale, AGP for Respondent Nos. 1 to 3 (State) ...

CORAM

:

MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 17.07.2025 PER COURT :

1.

By this Civil Application, the applicants are seeking recall of bailable warrants issued against them pursuant to the order dated 16.06.2025. On the said date, the advocate representing the applicants (original respondent Nos. 4 and 5) was absent and in that context the bailable warrants were issued.

Jhs/ 1/2

902 WPNO. 1440 OF 2019 2.

Learned counsel appearing for the applicants submits that on 16.06.2025, he was engaged in arguments in another Court and, therefore, he could not remain present when the instant writ petition was called out. In that backdrop, he submits that this Court may consider recalling the said order and that the writ petition itself could be taken up for final hearing.

3.

Considering the reason given by the counsel appearing for the applicants, with great reluctance, we are inclined to allow the prayer. But, with a warning to respondent Nos. 4 and 5 to ensure that they are represented by counsel in further hearings and if there is any default, heavy costs would be imposed upon them. 4.

In view of the above, the Civil Application is allowed. The bailable warrants issued by order dated 16.06.2025 are hereby recalled, subject to the condition that respondent Nos. 4 and 5 shall fully cooperate with this Court in the final hearing and disposal of the present writ petition.

5.

The Civil Application is disposed of accordingly. 6.

List the writ petition for hearing on 04.09.2025. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Jhs/ 2/2