Directore Of Enforcement Through Its Assistant Directore Mumbai Zone Ii v. Rakesh Brijlal Jain

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2936 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 379 OF 2016 Directorate of Enforcement ...Applicant vs.

Rakesh Brijlal Jain and Anr.

...Respondent

***** Mr. Shriram Shirsat a/w. Mr.

Shekhar V. Mane :- Advocate for Applicant.

Mr. A. S. Gawai :- APP for Respondent No.-State.

Mr. Bhavesh Thakur :- Advocate for Respondent Nos.1 and 2 in IA/379/2016 and for Applicant in Revision Application No.379 of 2016 Mr. Gul K. Achhra :- Advocate for Respondent No.2 in Revision Application No. 379 of 2016.

***** CORAM : S. M. MODAK, J.

DATE : 5th AUGUST 2024 P. C. :- 1.

When the matter is called out learned Advocate Mr. Shirsat was busy before some other Court. Matter kept back. Thereafter I have heard him. He brought to my notice the following orders :- 1/3

(a) Order dated 1st September 2016 passed in the Revision. (b) Order dated 18th October 2016.

(c) Order dated 20th March 2018.

(d) Order dated 14th September 2021.

2.

His contention is when this Court has passed the first order dated 1st September 2016, there was no representative from the Directorate of Enforcement present on that date. However, submissions on behalf of learned APP was recorded. According to him, since 2016 the trial is stalled.

3.

In the original Revision Respondent No. 2 is a Complainant. He has not been joined as a party in this Interim Application. Let Applicant to join him as a party as Respondent No.3 in this Interim Application immediately. He supports the prayer for vacating interim order.

4.

Whereas according learned Advocate for Respondents/ Applicants in Revision he is not served with Interim Application. Mr. Shirsat assures to serve him and learned Advocate for Respondent No. 3 also.

2/3

5.

Today the Revision is not listed. Let the Revision be listed 'for Directions' alongwith present Application.

6.

Earlier order to continue till next date. Let the Applicants in Revision to serve Respondent No.3 with all the related papers. 7.

Stand over revision and I.A. to 9th September 2024. [S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.08.07 18:36:45 +0530 KISHOR VISHNU KAMBLE 3/3