M/S.Agni Speciality Chemicals Pvt. Ltd., v. M/S.Southern Boilers Equipments Pvt. Ltd.,

Crl.MP.Nos.4790, 4791 and 4792 of 2019 in Crl. A.Nos.1086, 1087 and 1088 of 2004 A.D.JAGADISH CHANDIRA, J.

The petition has been filed to accept the surrender and recall the NonBailable Warrant issued against the petitioner/2nd respondent on 06.01.2018 in the above appeals.

2. Mr.K.Kannan, learned counsel has filed vakalath and entered appearance on behalf of the respondents in all these three appeals. He would submit that pursuant to the Non-Bailable Warrant issued against the petitioner/2nd respondent on 06.01.2018, the petitioner/2nd respondent has surrendered before this Court today. He would submit that the petitioner/2nd respondent met with a serious accident and was under treatment and would further submit that the petitioner/2nd respondent had shifted his residence and thereby, he had not received any communication from the Court and the earlier counsel was also unable to reach him, thereby resulting in this Court, issuing the Non-Bailable Warrant of arrest against him. He would also submit that the respondents are prepared to get along with the hearing of the appeals.

3. The learned counsel for the appellant would vehemently oppose stating that the respondent had been appearing in the other proceedings before this Court, whereas, he has willfully and purposely evaded appearing before this Court despite the service of notice.

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A.D.JAGADISH CHANDIRA, J.

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4. At this juncture, Mr.K.Kannan, learned counsel for the respondents would reiterate and submit that the petitioner/2nd respondent will duly comply with any orders passed by this Court and he would also submit that he is prepared to get along with the hearing, without any further delay.

5. Considering the facts and circumstances of the case and submissions made by the learned counsel on either side, the Non-Bailable Warrant issued against the petitioner/2nd respondent on 06.01.2018 is recalled, on condition that the petitioner/2nd respondent shall surrender before the trial Court (learned V Metropolitan Magistrate, Egmore, Chennai) on or before 09.04.2019 and execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) in respect of all three cases, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned.

6. Post the matter on 10.04.2019. The petitioner/2nd respondent shall appear before this Court on 10.04.2019.

7. With the above directions, these Criminal Miscellaneous petitions are ordered.

02.04.2019 kv Note to office: Issue order copy on 03.04.2019 Crl.MP.Nos.4790, 4791 and 4792 of 2019 in Crl. A.Nos.1086, 1087 and 1088 of 2004 http://www.judis.nic.in