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Bombay High CourtAPPA/55/2024allowed

Spacewood Furnishers Pvt. Ltd., Thr. Its Authorized Person Mr. Vipendra Kumar S/O Chakaudilal Verma v. M/S Laxmi Timber Depot And Furniture Workshop Thr. Its Prop. Mr Hari Babu

2025-09-23Hon'Ble Shri Justice M. M. Nerlikar3 pages

2025:BHC-NAG:9605

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 55 OF 2024 IN CRIMINAL.APPEAL ST.NO.356/2024.

Spacewood Furnishers Pvt. Ltd.

-VERSUSM/s. Laxmi Timber Depot and Furniture Workshop. CRIMINAL APPLICATION [APPA] NO. 57 OF 2024 IN CRIMINAL APPEAL ST.NO.360/2024..

Spacewood Furnishers Pvt. Ltd.

-VERSUSM/s. SKM Furniture World Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri A.J. Thakkar, Advocate for the Applicant. Shri N.B. Raut, Advocate for the Non-applicant in APPA No.57/2024.

Non-applicant served in APPA No.55/2024.

CORAM : M.M. NERLIKAR, J.

DATE : SEPTEMBER 23, 2025.

Heard the learned Counsel present for the parties.

2.

These applications are preferred by the applicant/appellant seeking leave to file appeal challenging the order dated 01.09.2023 passed in S.C.C.No.4432/2021 and S.C.C.Nol.14264/2018

by the 10th Joint Civil Judge, Senior Division and A.C.J.M. Nagpur. By the said order, the complaint is dismissed for want of prosecution and respondent is acquitted. Record reveals that steps are not taken since long, hence, the matters were dismissed for want of prosecution.

3.

The learned Counsel for the applicant has placed on record order passed by this Court on 05.08.2024 in Criminal Application No.62/2024 filed by the applicant herein, wherein in similar situation this Court has granted leave to file and quashed the order dated 01.09.2023 thereby remitting the matter back to the trial Court for deciding the same on merits, with further directions to parties to cooperate with the trial for its early disposal.

4.

Hence, for the reasons recorded in the order of this Court dated 05.08.2024 passed in Criminal Application No.62/2024 in Criminal Appeal St.No.368/2024, present application

seeking leave is allowed. Criminal Appeal be registered and it stands disposed of in terms of and reasons recorded in the above order dated 05.08.2024.

5.

Parties herein are directed to appear before the trial Court on 17.10.2025 and abide by its further directions in the matter.

JUDGE