Kersi Phiroz Rustomji And ANR v. The State Of Maharashtra And ORS

RVC 41 Ia-2991-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2991 OF 2024 IN CRIMINAL APPLICATION (APL) NO. 630 OF 2016 Kersi Phiroz Rustomji & Anr.

... Applicants V/s.

The State of Maharashtra & Ors.

... Respondents Ms. Prajakta Jagtap i/b P.M. Havnur for the Applicants. Smt. Anamika Malhotra, Addl. P.P. for Respondent No.1-State. Ms. Tanvi Parmar i/b Deven Dwarkadas & Partners for Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 8th August 2024.

P.C. :

1) This is an Application for Restoration of Criminal Application (APL) No.630 of 2016, which was dismissed for non-prosecution by Order dated 7th October 2023.

1.1) There is delay of 214 days in preferring present Application. 2) Learned counsel for the Applicants submitted that, for the said inordinate delay caused in preferring present Application, the Applicants are willing to pay a cost of Rs.5,000/- to Kirtikar Law Library, High Court, Mumbai. The said statement is accepted. The said cost be paid to the said Library within a period of two weeks from the date of uploading of the 1/2

RVC 41 Ia-2991-2024.doc present Order on the official website of Bombay High Court. 3) Subject to payment of cost as noted above, Application is allowed in terms of prayer clauses (a), (b) and (c). ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.08.14 17:31:41 +0530 RAJESH VASANT CHITTEWAN 2/2