Siddhardha Dev Bathula v. Hind Elastomers Pvt Ltd Through Mr Rahul Mithu Kulat And ANR

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.04.24 20:30:41 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 54-WP-2146-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Cri.Writ Petition No.2146 of 2025 Siddhardha Dev Bathula Age: 46 yrs, Director of SS Rubbers Pvt Ltd Office at 5-9-287 RG Nagar Industrial Estate, Kukatpally, Balanagar, Hyderabad 500037 ...

Petitioner Vs.

1. Hind Elastomers Pvt Ltd through its authorised signatory Mr Rahul Mithu Kulat, registered office at Plot No.702/03 Prasad Chambers, Tata road No.2, Swadeshi Mill Compound, Opera House, Mumbai-400004.

2. The State of Maharashtra ...

Respondents.

--- Mr Ninad Muzumdar a/w Gopal Parab for the petitioner. Mr MG Patil, APP for respondent/State.

--- Coram : R.N.Laddha, J.

Date : 24 April 2025.

P.C. :

By this petition, the petitioner prays for an order quashing and setting aside the Non-Bailable Warrant (NBW) Page No. 1 of 3

Chitra Sonawane 54-WP-2146-25.doc issued against him by the learned Judicial Magistrate First Class, Girgaon, Mumbai, in CC No.411/SS/2020. 2.

It is submitted that the petitioner's absence on 18 March 2025 before the trial Court was purely the result of a communication breakdown between his erstwhile Counsel and the petitioner, and was neither deliberate nor an attempt to flout the process of law. The petitioner, who has always respected the authority of the Court, is now prepared to appear before the trial Court on 30 April 2025. He undertakes not to seek an further adjournments and will extend his fullest cooperation to ensure that the trial proceeds and concludes without avoidable delay. The petitioner is neither absconding nor a flight risk. He resides locally and has no previous record of wilful noncompliance. His sole omission was due to a misunderstanding regarding the date of appearance, for which he tenders his apology.

3.

In light of the foregoing, this Court deems it appropriate to cancel the NBW issued on 18 March 2025 in CC No.411/SS/2020 and direct the petitioner to appear before the learned trial Court on 30 April 2025. The Page No. 2 of 3

Chitra Sonawane 54-WP-2146-25.doc petition stands disposed of accordingly.

[ R. N. Laddha,J. ] Page No. 3 of 3