Madhusudan B Vakharia v. The State Of Maharashtra And ORS

13_IA_1787_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1787 OF 2024 IN CRIMINAL WRIT PETITION NO. 3064 OF 2012 Madhusudan B. Vakharia ...

Applicant/ Orig. Petitioner No.2 In the matter between:

Byram Nanabhoy Jeejeebhoy and another ...

Petitioners vs.

The State of Maharashtra and others ...

Respondents Mr. Darshit K. Jain, i/b. Ms. Divya Jain for applicant/petitioner No.2. Ms. Sharmila Kaushik, APP for respondent-State. CORAM : MANISH PITALE & MANJUSHA DESHPANDE, JJ DATE :

12th NOVEMBER, 2025 P.C. :

.

Heard learned counsel for the applicant.

2.

By this application, the applicant seeks restoration of the petition, which stood dismissed for non-prosecution, as per order dated 07.09.2023.

3.

Rule was granted in the petition on 16.10.2012 and interim relief was also granted in the form of a direction that in the event the concerned officer desired to arrest the original petitioners, he would give an advance notice of 72 hours (excluding Sundays and Court holidays).

by PRIYA KAMBLI Date:

2025.11.12 17:48:50 +0530 PRIYA KAMBLI 1/2

13_IA_1787_24.doc 4.

The applicant has stated the reasons as to why there was no appearance on behalf of the petitioners on 07.09.2023. The reasons are stated in paragraph No.5 of the application. 5.

Having perused the same, we are satisfied that sufficient cause is made out for allowing the present application and restoring the writ petition, in the interest of justice.

6.

Accordingly, the application is allowed and the order dated 07.09.2023 is recalled. Consequently, the writ petition is restored for consideration on merits.

(MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.) Priya Kambli 2/2