Weston Decor Pvt Ltd v. Arun N Bidwai
903 & 904.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 521 OF 2024 WITH CRIMINAL REVISION APPLICATION NO. 522 OF 2024 Weston Decor Private Limited & Anr.
... Applicants vs.
Arun N. Bidwai & Anr.
... Respondents ***** Mr. Mikdad Aziz Zummerwala :- Advocate for Applicants.
Ms. S. E. Phad :- APP for Respondent No. 2-State.
***** CORAM : S. M. MODAK, J.
DATE : 10th SEPTEMBER 2024 P. C. :- 1.
Heard learned Advocate for Applicants in both the matters. He is convicted by the trial Court and he has filed two Appeals. Learned Additional Sessions Judge as per order dated 12th July 2024 while dealing with the suspension application asked the Applicant to deposit Rs.4,00,000/- (Rupees Four Lakh only) in one case and Rs.14,00,000/- (Rupees Fourteen Lakh only) in another case towards part fine within Kishor 1/2
903 & 904.doc 60 days. There are two separate orders passed. It's legality is challenged in these Revision Applications.
2.
There is observation that no exceptional ground is made out for relaxation of condition. It is recorded in paragraph No. 2 of the order. The grievance is there is no discussion. A quarry is made have you pleaded any exceptional case in the Application. There is no pleading. It is submitted that oral submission was made before the trial Court about repayment of the amount in cash. The learned Advocate for Applicants was asked to show the cross-examination. Today he is not having. Let him produce the copy on the next date. He prayed for staying the orders. It cannot be unless the exceptional case is made out. 3.
Issue notice to Respondent in both the matters returnable on 1 st October 2024. Private notice is allowed. Service affidavit be filed. Learned APP waives notice.
4.
In such situation if the Applicants pray for extension of time before the trial Court, the trial Court to decide it on merit. [S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:
2024.09.13 11:32:57 +0530 KISHOR VISHNU KAMBLE Kishor 2/2