Bhushan Kamalakar Bhoir v. The Sr. Police Inspector And ANR.

38-ABA-2105-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2105/2024 BHUSHAN KAMALAKAR BHOIR ...APPLICANT VS THE SR. POLICE INSPECTOR AND ANR.

...RESPONDENTS ...

Adv. Sudeep Pasbola a/w Chinmay Godse & Divya Singh for the Applicant.

Adv. Niranjan Mundargi a/w Mangesh Deshmukh for the First Informant.

Adv. G. T. Kanchanpurkar for the 2nd Intervener. ...

CORAM

: RAJESH S. PATIL, J.

DATED : APRIL 28, 2025 P.C.:

1.

Mr. Pasbola, learned senior counsel for the applicant on instructions of the applicant who is present in the Court, submits that the respondents along with other plaintiffs have filed Notice of Motion Nos.4509/2017, 6268/2024 and 6228/2024 for restoration of Suit No. 4948/1981 filed in the City Civil Court, Mumbai. He submits that his client will be giving no objection for allowing the Notice of Motion No.4509/2017, and thereafter the Suit No. 4948/1981 can be heard on merits. He further submits that the entire documents which were withdrawn by the present applicant which were part of the documents of Suit No. 4948/1981 would be submitted back in the said Suit, within Harish

38-ABA-2105-2024.doc a period of two weeks from today. He further submits that the Court fees which was paid in the Suit No. 4948/1981 has not been withdrawn though the Suit was withdrawn. The submissions made by Mr. Pasbola, learned senior counsel on instructions of the applicant, are accepted as undertaking given to this Court.

2.

The learned APP submits that considering the statements made by the senior counsel Mr. Pasbola on instructions of his client, the custody of the present applicant would not be necessary, if the applicant complies with the undertaking as given to this Court. 3.

Considering the submissions made by the senior counsel for the applicant on instructions of the applicant and the learned APP, I am convinced that as of today, the interim protection can be granted to the present applicant.

4.

Stand over to 8 May 2025, matter to come under the caption "for compliance."

5.

Parties to take steps as noted above.

6.

No coercive steps be taken against the present applicant till the next date of hearing.

(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 29/04/2025 11:32:56 Harish