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Bombay High CourtALP/98/2022application allowed

Jalgaon Janata Sahakari Bank Ltd., Jalgaon Through Its Dnyaneshwar Pundalik Andhale v. Satish Kashinath Wani

2023-10-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 21 alp 98-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO.98 OF 2022 IN /0/ JALGAON JANATA SAHAKARI BANK LTD., JALGAON THROUGH ITS DNYANESHWAR PUNDALIK ANDHALE

VERSUS

SATISH KASHINATH WANI ...

Advocate for Appellants : Mr. A. N. Nagargoje Advocate for Respondent : Mr. D. A. Bide ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 30/10/2023.

P. C. :

1.

Heard rival submissions.

2.

Though the learned counsel for the respondent / accused has opposed the application by fling an affdavit in reply, but it appears that the original complaint of the applicant under Section 138 of N. I. Act was dismissed as the applicant did not prosecute the case diligently. As such, at least leave to challenge the said order dated 16/09/2022 can be granted irrespective of merit. Thus, the application is allowed. The appeal of the applicant be registered after removal of offce objections, if any. The application is accordingly disposed of.

2 21 alp 98-22 3.

Place the appeal for fnal hearing at admission stage on 04/11/2023. The learned counsel Mr. D. A. Bide for respondent in the appeal, waives notice.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-