Bombay Mercantile Co-Operative Bank Ltd. Through Mr. Sayyed Abdul Naeem v. Yogesh Modani Proprietor Of M/S. Solomio And ANR.

923-ALP-256-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 256 OF 2015 WITH INTERIM APPLICATION NO. 12 OF 2025 IN APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 256 OF 2015 The Bombay Mercantile Co-op. Bank ... Applicant Vs.

Yogesh P. Mordani And Anr.

... Respondents Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.10.06 13:43:36 +0530 MANGALTAI JAYWANT JADHAV Mr. Manohar Ransinghani a/w Puja Acharekar a/w Sayli Wani a/w Kantilal C. Behwal for the Applicant.

Mr. D. J. Haldankar, APP for the State.

CORAM : GAURI GODSE, J.

DATED : 25th SEPTEMBER 2025 ORDER:

1.

Heard learned counsel for the applicant.

2.

Leave granted.

3.

Appeal is admitted.

4.

Call for record and proceedings.

5.

For compliance under Section 390 of the Criminal Procedure Code, the trial court shall issue notice to respondent no. 1 - Yogesh P. Mordani calling upon him to appear before the trial court on a particular date.

Page no. 1 of 2

923-ALP-256-2015.doc 6.

Accordingly, respondent no. 1 (accused) shall appear before the trial court on the given date and the trial court shall enlarge him on bail on the same day on appropriate terms and conditions. One of the conditions shall be for securing the presence of the accused before this court as and when called.

7.

In case the respondent no. 1 (accused) fails to remain present before the trial court as directed by this order, the trial court shall submit a report to this court.

8.

List the appeal on 1st December 2025 for recording compliance and further directions.

9.

Hence, the Application is allowed, Interim Application No.12 of 2025 is disposed of as infructuous.

(GAURI GODSE, J.) Page no. 2 of 2