Bombay High CourtAPPP/1457/2018allowed

Tata Finance Ltd. Thr. A.O. Gitesh C. Gotmare, R. Manager v. State Of Mah. Thr. P.S.O. Ramnagar And ANR

2019-01-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 appp1458.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NOS.1458/2018 AND 1457/2018 IN CRIMINAL APPLICATION NO.37/2010 Tata Finance Limited ..Vs..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Khemka, Advocate for the applicant. CORAM : Z.A. HAQ, J.

DATE : 28.1.2019.

Though the applications are opposed on behalf of the non-applicant No.2, accepting the explanation given in the applications, delay of four days in filing application praying for restoration of Criminal Application No.37/2010 is condoned, order passed by this Court on 19th July, 2018 dismissing the Criminal Application No.37/2010 in default is recalled and Criminal Application No.37/2010 is restored. Criminal applications are allowed accordingly.

Criminal Application No.37/2010 Shri R.M. Bhangde, Advocate for appears for the non-applicant No.2 and Ms. Shamsi Haider, A.P.P. appears for the non-applicant No.1.

Learned Advocate for the applicant states that the non-applicant No.3 could not be served inspite of all

2 appp1458.18 possible efforts. He further states that the non-applicant No.3 is formal party, and only non-applicant No.2 is contesting party who had filed complaint against the applicant.

List this criminal application for further consideration / hearing on 13th February, 2019. The applicant shall send copy of this order to the non-applicant No.3 on the address shown in the complaint which was filed before the learned Magistrate, by registered post acknowledgment due and file affidavit of compliance on record of this application before the next date.

JUDGE Tambaskar.