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Bombay High CourtAPPLN/2711/2024application allowed

Gatrod Agro Bio-Fuels Private Ltd And Other v. Garg Distilleries Private Ltd Through Its Manager Mahesh Gowardhandas Agrawal

2024-07-11Hon'Ble Shri Justice Shailesh P. Brahme2 pages

956-appln-2710-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2710 OF 2024 WITH CRIMINAL APPLICATION NO. 2711 OF 2024 WITH CRIMINAL APPLICATION NO. 2715 OF 2024 WITH CRIMINAL APPLICATION NO. 2780 OF 2024 Gatrod Agro Bio-fuels Private Ltd Through Its Director Sadanand Chandrabhan Pandey

VERSUS

Garg Distilleries Private Ltd Through Its Manager Mahesh Gowardhandas Agrawal ...

Advocate for Applicant : Mr. Suryawanshi Surendra V. ...

CORAM : S.G. MEHARE, J.

DATED : JULY 11, 2024 PER COURT:- 1.

Heard learned counsel for the applicant.

2.

Learned counsel for the applicant would submit that unless the reasons are assigned whether the case falls in exception or not, the First Appellate Court against the judgment of Section 138 of the Negotiable Instruments Act cannot impose the condition to deposit the money as provided under Section 148 of the Negotiable Instruments.

3.

In view of the points raised, the respondents are to be heard before passing any order.

956-appln-2710-2024.odt (2) 4.

Issue notice to the respondents, returnable on 25.07.2024.

5.

In addition to regular mode of service, the applicant is permitted to serve the respondents by private mode. (S.G. MEHARE, J.) Mujaheed//