Golden Peace Hospitality Pvt. Ltd. Through Authorised Representative Shrinivas P. Nayak v. State Of Maharashtra And ORS.
1/3 903 apeal 1157 of 2024 group.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1157 OF 2024 Golden Peace Hospitality Pvt. Ltd.
.... Appellant
Versus
The State of Maharashtra (Through EOW, Mumbai) and Ors.
.... Respondents WITH INTERIM APPLICATION NO.4483 OF 2024 IN CRIMINAL APPEAL NO.1157 OF 2024 Prada Sadhu Shetty .... Applicant
IN THE MATTER BETWEEN :
Golden Peace Hospitality Pvt. Ltd.
.... Appellant
Versus
The State of Maharashtra (Through EOW, Mumbai) and Ors.
.... Respondents .....
Mr.Rao i/b. Mr.Rahul Arote, Advocate for the Appellant. Mr.Paarth Singh i/b. Mr.Manoj S., Advocate for Respondent Nos.3 and 4.
Mr.Sachin Mhatre a/w. Ishita Kamath i/b. M/s. Mhatre Law Associates, Advocate for the Intervenor.
PI Amrut Pawar, EOW Unit 8, Mumbai, present.
Mr.J.P. Yagnik, APP for Respondent - State.
.....
CORAM : BHARATI DANGRE & Digitally signed by RAJESHRI PRAKASH AHER Date:
2024.11.14 19:06:25 +0530 MANJUSHA DESHPANDE, JJ.
RAJESHRI PRAKASH AHER DATED : 13th NOVEMBER, 2024.
2/3 903 apeal 1157 of 2024 group.doc P.C. :
1.
Mr.Yagnik, learned APP appearing for the Competent Authority seek some time to fle his reply affdavit. Similarly, learned counsel Mr.Singh has marked his appearance for Respondent Nos.3 and 4, and we directed Mr.Rao, the learned counsel for the Appellant to serve the copy of the Appeal upon the learned counsel.
An Intervention Application is fled by Prada Shetty, the investor and though we are handed over physical copy of the Intervention Application, the same is not on Board today. Mr.Rao is also desirous of dealing with the Intervention Application and as the copy of the same is received by him, let the counsel for the intervener furnish the copy of the Intervention to all the concerned, which shall include the Competent Authority also.
2.
At the request of Mr.Yagnik, learned APP, we deem it appropriate to re-notify the Appeal on 25.11.2024 with an expectation that on or before 21.11.2024, the reply affdavit shall be fled by the Competent Authority as well as Respondent Nos.3 and 4 with an advance copy shall be served upon the Appellant.
3.
Since we have informed by Mr.Rao, the learned counsel for the Appellant that in the wake of the impugned order passed by the Designated Court under MPID Act on 26.09.2024, while rejecting the Miscellaneous Application, which has sought
3/3 903 apeal 1157 of 2024 group.doc release of attachment of hotel Fidalgo, certain directions are issued and which include the direction to the Competent Authority to fx the date for public auction of Hotel Fidalgo by advertising in all leading newspapers of Goa and Mumbai, so as to invite bidders with liberty also been conferred upon the Applicant to participate in the auction.
On instructions, Mr.Yagnik make a submission that, the directions as regards Clause No.9 in the order dated 26.09.2024, is not yet implemented.
In the wake of this scenario, since till the time we receive the reply affdavit from the contesting Respondent, we deem it appropriate that the Competent Authority shall not act in terms of the directions as regards Clause No.9 in order dated 26.09.2024, till 25.11.2024, since we have directed listing of the Appeal on that date.
Re-notify to 25.11.2024. To be listed on Supplementary Board.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)