Gangamai Agro Trust Thru. Its Authorized Suresh S/O Murlidhar Hiwarde v. Deelip S/O Naguji Shembde

criapln4273.15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4273 OF 2015 (Gangamai Agro Trust, Through its Authorized Signatory Suresh Murlidhar Hiwarde Vs Deelip Naguji Shembde) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

V.L.ACHLIYA, J.

DATED :

03.10.2016 Mr.P.B.Salunke, Advocate h/f Mr. Sunil B. Kakde, Advocate for applicant Mr.D.P.Munde, Advocate h/f Mr.

V.D.Salunke, Advocate for respondent/Sole 1.

Heard learned counsel for the applicant and respondent. Perused the impugned judgment.

2.

In nutshell learned counsel for the applicant stated that the reasons and findings recorded by the Trial Court in dismissing the complaint are perverse and not sustainable on the face of evidence on record. He has submitted that the Trial Court has dismissed the complaint on the ground

criapln4273.15 that the complainant has failed to prove that the person who filed the complaint was not authorized to file complaint on behalf of trust. On the other hand learned counsel for the respondent supported the judgment and order passed by the Trial Court.

2.

Having appreciated the submissions advanced in light of record and proceeding the case is made out to grant leave to appeal. Hence the application is allowed in terms of prayer Clause (B).

3.

Appeal be registered and placed for admission subject to removal of office objection.

[V.L.ACHLIYA,J.] VishalK/criapln4273.15