Ashok S/O Narayan Shinde v. Sau. Sunita W/O Ashok Shinde And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.796 OF 2015 Ashok s/o Narayan Shinde ..vs..

Sau. Sunita w/o Ashok Shinde and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.M. Mardikar, counsel for the applicant. CORAM : V.M. DESHPANDE, J.

DATED : JUNE 8, 2017.

In the present case, this Court on 4.2.2016 issued notices to the non-applicants. It was made returnable on 18.2.2016. While issuing notices, this Court directed the applicant to deposit Rs.50,000/- as a condition for issuance of notices. Two weeks' time was granted to him to deposit the said amount in the Court.

The order was not complied with by the applicant. The matter was then listed before the .....2/-

Court on 16.3.2017. Till that date also, the order directing deposit of Rs.50,000/- was not complied with. Therefore, this Court granted further two weeks' time to comply with the condition mentioned in order dated 4.2.2016, by way of last chance. It was made clear that if applicant fails to comply with the order, the application will be dismissed for non-compliance.

Learned counsel Shri R.M. Mardikar for the applicant filed pursis vide Stamp No.1276 of 2017 on 31.3.2017. In the said pursis, it is pointed out to this Court that he issued a notice dated 20.3.2017 informing the applicant to comply with the order immediately, else he will be withdrawing his Vakalatnama. The said notice was sent by the registered post. Along with pursis, learned counsel Shri R.M. Mardikar has annexed copy of the legal notice as well as acknowledgement showing that the said legal notice was duly received by the present applicant.

Till today, the order is not complied .....3/-

with by the present applicant.

In that view of the matter, learned counsel Shri R.M. Mardikar appearing for the applicant is discharged from the proceedings. Looking to the attitude of the applicant of not complying with the Court's order, the present criminal application is dismissed with costs of Rs.10,000/- (rupees ten thousand only). The authorities are directed to take necessary steps against the applicant to recover the amount.

The criminal application is dismissed and disposed of.

JUDGE !! BRW !!

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