Hifuzurrehman Kadiwal Abdullah And ANR. v. Orchid Enclave Co-Operative Housing Society Limited And ANR.

904-WP-4029-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4029 OF 2024 Hifuzurrehman Kadiwal Abdullah & Anr.

...Petitioners

Versus

Orchid Enclave Co-Operative Housing Society Limited & Anr.

...Respondents

_______________________________________________________________ Mr. Yashpal Thakur a/w Mr. Omkar Mulekar a/w Ms. Sanjana Pardeshi, for the Petitioners.

Mr. Aditya Mithe a/w Mr. Krishna Tiwari a/w Mr. Shreyas Mohari i/b Vis Legis Law Practice, for the Respondent No.1. Ms. P. P. Bhosale, APP for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 11th JUNE 2025 P.C.:

1.

Heard Mr. Thakur, learned Counsel appearing for the Petitioners, Mr. Mithe, learned Counsel appearing for the Respondent No.1 and Ms. Bhosale, learned APP for the Respondent-State. 2.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 19th January 2024 passed by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai. By the impugned order, delay of about 102 days in filing the complaint under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act") has been condoned, subject to cost of Rs.4,000/- to be paid to DLSA, Bandra. Vaibhav Page No. 1

904-WP-4029-2024.doc 3.

After arguing the matter extensively, as the Court is not inclined to interfere in the impugned order, learned Counsel appearing for the Petitioners, on instructions of the Petitioners, seeks withdrawal of the Writ Petition.

4.

Accordingly, the Writ Petition is allowed to be withdrawn and dismissed as such.

5.

Resultantly, order dated 19th January 2024 passed by the learned Metropolitan Magistrate 6th Court, Mazgaon, Mumbai, below Exhibit-1 in C.C. No.0601590/Misc./2023, condoning delay in filing the complaint is confirmed.

[MADHAV J. JAMDAR, J.] Vaibhav Page No. 2