Shaikh Sameer Shaikh Razzaq v. Dr. Sumera Kausar W/O. Shaikh Sameer (Dr. Sumera Kausar D/O. Shaikh Muneeroddin) And Another

1 10-wp 1434-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1434 OF 2022 Shaikh Sameer Shaikh Razzaq .. Petitioner

Versus

Dr. Sumera Kausar Shaikh Sameer (Dr. Sumera Kausar Shaikh Muneeroddin) and another .. Respondents Mr. Saeed S. Shaikh, Advocate for the Petitioner. Mr. Pathan Ziya J., Advocate h/f Mr. G. R. Syed, Advocate for Respondent Nos. 1 and 2.

CORAM : KISHORE C. SANT, J.

DATED : 13th APRIL, 2023.

P. C. :- .

In spite of granting several extensions, the petitioner has failed to deposit the amount as directed by this Court. By order dated 12.01.2023 the petitioner was directed to pay an amount of Rs. 5,00,000/- (Rs. Five Lakh only) within a period of four (04) weeks from 12.01.2023. Later on by order dated 09.02.2023, looking to the inability of the petitioner to deposit entire amount, he was directed to deposit Rs. 2,00,000/- (Rs. Two Lakh only) before 13.02.2023 and for depositing remaining amount of Rs. 3,00,000/- (Rs. Three Lakh only) time was extended till 27.02.2023. Again by order dated 02.03.2023 it was recorded that, an amount of Rs. 2,00,000/- (Rs. Two Lakh only)

2 10-wp 1434-2022.odt was deposited. However, since the remaining amount of Rs. 3,00,000/- (Rs. Three Lakh only) was not deposited the time was again extended by four (04) weeks. Even thereafter he could not deposit the amount. Therefore, time was extended by order dated 31.03.2023 by two (02) weeks as a last chance. However, even now the petitioner has not deposited the amount of Rs. 3,00,000/- (Rs. Three Lakh only). 2.

It is clear that, the petitioner is not showing bonafides though the petition needs to be entertained when the petitioner is constantly committed defaults.

3.

The writ petition stands dismissed for default and for bonafides. ( KISHORE C. SANT, J. ) P.S.B.