Gajanfar R. Chamanshaikh., v. Anuradha Chamanshaikh.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 302 OF 2019 IN CONTEMPT PETITION NO. 27 OF 2019 GAJANFAR R. CHAMANSHAIKH., ... Applicant

Versus

ANURADHA CHAMANSHAIKH., ... Respondent Shri Ravi Gawas, Advocate for the Applicant.

Shri N. Fernandes holding for Ms. A. Menezes, Advocate for the Respondent.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 9th December, 2019 P.C.:

This is an application for cancellation of Non Bailable Warrant (NBW) by the applicant on the premise that he was suffering from radiculopathy and was bedridden and therefore he could not give proper instructions to his advocate regarding the case nor he could secure his presence in the Court. On that premise, he seeks the cancellation of the warrant issued against him.

2. Considering the fact that the applicant has secured his presence before the Court today and besides looking to the medical certificate produced on record, i find that this is a fit case to cancel the NBW. This is without prejudice to the rights

CRMA/302/2019 and contentions of the respondents to otherwise pursue the proceedings against him insofar as his undertaking to the Court is concerned and recorded in the order dated 03.04.2019. Moreover, the applicant has furnished a fresh address on which he would be available for further proceedings.

3. In view thereof, the application for cancellation of NBW is allowed.

4. The application accordingly stands disposed off. NUTAN D. SARDESSAI, J.

MF/-