Bombay High CourtAPPW/245/2018others disposed off

Premdeep S/O. Nishikant Matlane v. Mrs. Bhavana W/O. Premdeep Matlane

2019-02-28Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPW) NO. 245/2018 IN CRIMINAL WRIT PETITION NO. 09/2018 Premdeep S/o Nishikant Matlane ..VS..

Mrs. Bhavana W/o Premdeep Matlane - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.S. Surve, Advocate for the applicant Shri J.Matale, Adv h/f Shri N.B. Bargat, Adv for the non-applicant CORAM : Z.A.HAQ, J.

DATED : 28/02/2019 By this application, the applicant has prayed that para no. 11 of the judgment given in Criminal Writ Petition No. 09/2018 on 05/10/2018 be modified. According to the applicant, he was not liable to pay / deposit the 2nd and 3rd installments, however, the amount is deposited as per the time limit fixed by the Hon'ble Supreme Court while deciding Special Leave Petition (Criminal) Diary No. 28582/2018. It is submitted that if para no. 11 is not modified and it is not clarified that the applicant was/is not liable to pay the amount deposited by 2nd and 3rd installments, the applicant will be paying amount more than his liability. The learned advocate for the non-applicant has opposed the prayer made by the applicant.

After hearing the learned advocates for the respective parties, I am of the view that the submission made

2 appw245.18 on behalf of the applicant cannot be considered in this application for speaking to minutes, and para no. 11 of the judgment passed in Criminal Writ Petition No. 09/2018 on 05/10/2018 cannot be modified.

Hence, the criminal application is dismissed. In the circumstances, the parties to bear their own costs. At this stage, the learned advocate for the applicant prays that liberty be granted to the applicant to move appropriate application for pointing that the applicant has deposited the amount in excess of his liability and he is entitled for refund of some amount.

It is clarified that Criminal Application (APPW) No. 245/2018 is dismissed as prayer made in the application cannot be considered in an application for speaking to minutes. The merits of the submissions made on behalf of the applicant are not examined.

JUDGE Ansari