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Bombay High CourtALP/25/2023application allowed

Ram Tara Trading Corporation Through Its Partner Kalash Kulbhushan Agrawal v. Yuvraj Construction Through Its Proprietor Yuvraj Sharad Muley And Another

2023-03-06Hon'Ble Shri Justice Kishore C. Sant2 pages

(1) alp25.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 62 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO.25 OF RAM TARA TRADING CORPORATION THROUGH ITS PARTNER KALASH KULBHUSHAN AGRAWAL

VERSUS

YUVRAJ CONSTRUCTION THROUGH ITS PROPRIETOR YUVRAJ SHARAD MULEY AND ANOTHER AND 63 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO.26 OF RAM TARA TRADING CORPORATION THROUGH ITS PARTNER KALASH KULBHUSHAN AGRAWAL

VERSUS

YUVRAJ CONSTRUCTION THROUGH ITS PROPRIETOR YUVRAJ SHARAD MULEY AND ANOTHER Mr. Vishal A. Bagadiya, Advocate for the applicant CORAM : KISHORE C. SANT, J.

DATE: 06th MARCH, 2023 P. C.

1.

Heard.

2.

In spite of service of notice, none appears for the respondents.

(2) alp25.23 3.

This is an application against acquittal challenging the order passed by the learned JMFC, Aurangabad dated 05-072022 dismissing the complaint under Section 138 of the Negotiable Instrument Act for default.

4.

Considering the averments and the argument, this court finds that a case is made out to grant leave to file an appeal. Hence, the applications are allowed. Office to register the applications as appeals.

[KISHORE C. SANT, J.] VishalK/alp25.23