Sushil Prafulla Mankar v. State Of Maharashtra And ANR

MASHAL Date: 2024.07.22 13:25:41 +0530 IRESH MASHAL Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2758 OF 2024 IN WRIT PETITION ST NO. 2146 OF 2024 Sushil Prafulla Mankar .....Applicant Vs.

State of Maharashtra and Anr .....Respondents Mr. Hemant Ingle a/w Mr. Pratik Ingle i/b Mr. Vedang Deshpande for the applicant Mr. A. R. Metkari APP for the State Mr. Waqar Pathan i/b Mr. Wesley Menezes for respondents CORAM : GAURI GODSE, J.

DATE :

18th JULY 2024 ORDER:

1.

This application is filed in a disposed of writ petition seeking extension of time to pay the remaining arrears of Rs. 19,00,000/- as directed by order dated 7th May 2024. Learned counsel for the applicant submits that as per order dated 7th May 2024, last date for completing the arrears which was 16th July 2024. However, he was unable to complete the entire arrears which was to the tune of Rs. 48,00,000/-. He submits that amount of Rs. 29,00,000/- is already 1/3

paid, however, as on date, the arrears is of Rs. 19,00,000/-. Learned counsel submits that extension of six weeks be granted to pay the remaining arrears of Rs. 19,00,000/-. Learned counsel for the applicant further submits that monthly maintenance of Rs. 50,000/- is regularly paid to respondent no. 2.

2.

Learned counsel for respondent no. 2 opposes the extension of time on the ground that, even monthly maintenance has been paid by the petitioner only after orders are passed by this Court. He, however, does not dispute that the amount of Rs. 29,00,000/- is already paid and monthly maintenance of Rs. 50,000/- is also regularly paid. 3.

Hence, considering the aforesaid, I am inclined to grant six weeks time to clear the remaining arrears. Hence, interim application is allowed by passing following order:

O R D E R

(i) Applicant shall file an undertaking in this Court within two weeks from today stating that the balance arrears of Rs. 19,00,000/- shall be paid within six weeks 2/3

from today.

(ii) Subject to applicant filing such an undertaking, time to clear the arrears of Rs. 19,00,000/- is extended by six weeks from today.

(iii) It is clarified that if undertaking is not filed or there is breach of the undertaking, present application shall stand dismissed without further reference to the Court. (iv) Subject to applicant filing the aforesaid undertaking, the distress warrant issued for recovering the arrears of maintenance shall not be implemented. It is further clarified that if the aforesaid undertaking is complied with and the entire arrears of Rs. 19,00,000/- are cleared within the time granted, the distress warrant for recovering the arrears shall stand cancelled. 4.

Interim application is allowed in the aforesaid terms. [GAURI GODSE, J.] 3/3