Sabina Lakdawala v. Feroze Y Lakdawala And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.195 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.04.24 19:07:29 +0530 IN WRIT PETITION NO.3707 OF 2022 Sabina Lakdawala ...Applicant

Versus

Feroze Y. Lakdawala & Ors.

...Respondents

ARJUN VITTHAL KUDHEKAR WITH WRIT PETITION NO.3707 OF 2022 Sabina Lakdawala

...Petitioner

Versus

Komal Singh Rajput & Ors.

...Respondents

WITH WRIT PETITION NO.713 OF 2023 Feroz Lakdawala & Anr.

...Petitioners

Versus

Sabina Lakdawala & Anr.

...Respondents

_______________________________________________________________ Ms. Hemali Kurne a/w Ghanshyam Upadhyay, Shameem Faize, Sweta Dadheech & Mr. Satsang Tailor, for the Applicant/Petitioner. Mr. Ashish Venugopal a/w Sagar Shetty, Krushika Udeshi, Aprajita Mahto & Akshay Naik, for the Respondent Nos.2, 3 and 6 to 8. Ms. A. S. Gotad, APP for the Respondent - State. Mr. Subhash Jha for Mr. Mathews Nedumpara.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 24 APRIL 2025 P.C.:

1.

As per Order dated 17th April 2025 the proceedings are recorded. 2.

Mr. Ashish Venugopal, learned Counsel appearing for Respondent Nos.2, 3 and 6 to 8 tenders Affidavits of Respondent No.2 and Page No. 1

Respondent No.3, placing on record that the Order dated 2nd April 2025 has been complied with. Ms. Hemali Kurne, learned Counsel appearing for the Applicant confirms the said position. 3.

In the said Affidavits, Respondent Nos.2 and 3 have tendered unconditional and unqualified apology. The said apology is accepted. Accordingly, no further action needs to be taken against the Respondent Nos.2 and 3 as Respondent Nos.2 and 3 have complied with the Order and also tendered unconditional apology.

4.

The Respondent Nos.2 and 3 are personally present in Court. As both of them have complied with the Order, their presence is not required hereafter.

5.

This is a very unfortunate case which shows that few Advocates are not acting as Officers of the Court. Conduct of Mr. Mathews Nedumpara, learned Advocate is already recorded in the Order dated 17th April 2025. Today, Mr. Mathews Nedumpara, learned Advocate is not personally present in Court.

6.

On 23rd April 2024 and 24th April 2024 shocking incident took place where there is involvement of an Advocate namely Mr. Partho Sarkar. At the request of Mr. Jha, learned Counsel the conduct of Mr. Partho Sarkar is not mentioned in detail in this Order. However, his conduct is informed to Mr. Jha, learned Counsel in open Court and as noted earlier the proceedings are recorded.

Page No. 2

7.

Mr. Jha, learned Counsel states that, both Mr. Mathews Nedumpara, learned Advocate and Mr. Partho Sarkar, learned Advocate will personally remain present in this Court on the next date. 8.

Mr. Jha, learned Counsel seeks time to take instructions. 9.

Stand over to 29th April 2025 at 02:30 pm.

[MADHAV J. JAMDAR, J.] Page No. 3