Neelkamal Realtors And Builders Pvt. Ltd. Through Imtiyaz Javed Siddiqui v. Orchid Enclave Co-Operative Housing Society Limited And ANR.

904-WP-4030-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4030 OF 2024 Neelkamal Realtors And Builders Pvt. Ltd. Through Imtiyaz Javed Siddiqui

...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.

In the present Writ Petition, the challenge is to the order dated 12th June 2024 passed by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai, below Exhibit-1 by which process has been issued against the Petitioner under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 ("NI Act"). 3.

Learned Counsel appearing for the Petitioners, on instructions of the Petitioners, seeks withdrawal of the Writ Petition. However, he Vaibhav Page No. 1

904-WP-4030-2024.doc states that all contentions raised with respect to said order dated 12th June 2024 be kept open.

4.

Accordingly, the Writ Petition is allowed to be withdrawn and dismissed as such.

5.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.] Vaibhav Page No. 2