M/S. Taori Marketing, Nagpur Through Its Partner Shri. Satyanarayan S/O Champalalji Taori v. Mr. Ramakant Lute

21.01.wp.885.14

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 885/2014 (M/s Taori Marketing vs. Mr.Ramakant Lute ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr.N.G.Jetha, Advocate for applicant Mr. C.N.Deshpande, Advocate for respondent CORAM: A.B.CHAUDHARI, J.

DATED : 21st January, 2016.

Heard.

The present petition is directed against the order dismissing the complaint in default, which amounts to acquittal in law. Learned counsel therefore states that Appeal would lie and not the Writ Petition. He is however worried about the aspect of limitation. In that view of the matter, I make the following order:-

ORDER

a) Criminal Writ Petition No. 885/2014 is allowed to be withdrawn with liberty to file an Appeal.

b) Liberty is also granted to apply for exemption under Section 14 of the Limitation Act, without prejudice to the rights of the respondent to contest the application, if made.

JUDGE sahare