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Madras High CourtWA/3780/2019closed

M/S.Poly Resins v. The Superintendent Of Police,

2019-11-13Honourable The Chief Justice,Honourable Mr Justice Subramonium Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SUBRAMONIUM PRASAD W.A.No.3780 of 2019 M/s.Poly Resins, rep. by its Partner, Shabbir D.Bootwala .. Appellant/Petitioner -vs1.The Superintendent of Police, Bijonore District, Bijonore, Uttar Pradesh-246 701.

2.The Deputy Superintendent of Police, Bijonore, Uttar Pradesh 246 701.

..Respondents/Respondents Appeal filed under Clause 15 of the Letters Patent against the order dated 29.08.2001 passed in W.P.No.13633 of 2001 on the file of this Court.

Prayer in WP.13633 of 2001:

Petition filed under Article 226 of Constitution of India, directing the Respondents to execute the non bailable warrant issued by the X Metropolitan Magistrate, Egmore, Chennai on 16/03/2001 and received by the Respondent.

For Appellant : Mr.N.Sivaprakash

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The appellant/writ petitioner had sought mandamus for executing Non-Bailable Warrants in proceedings under Section 138 of the Negotiable Instruments Act, 1881. The learned counsel for the appellant seeks time to get instructions from the client. 2.With the nature of the relief claimed, we anticipate that the matter must have been foreclosed by now or even otherwise may have culminated into some finality. In this view of the https://hcservices.ecourts.gov.in/hcservices/

matter, we would not keep the matter pending for any instructions inasmuch as we can also assess that a client, after so many years, might not return to his counsel. The Writ Appeal is consigned to records, without prejudice to the rights of the appellant in the event any relief can still be sought in the matter. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra To 1.The X Metropolitan Magistrate, Egmore, Chennai.

2.The Superintendent of Police, Bijonore District, Bijonore, Uttar Pradesh-246 701.

3.The Deputy Superintendent of Police, Bijonore, Uttar Pradesh 246 701.

+1cc to the Government Pleader SR.94652 W.A.No.3780 of 2019 SJ(CO) CB(09/12/2019) https://hcservices.ecourts.gov.in/hcservices/