Tarachand International Pvt. Ltd v. Palavi Dealers Pvt. Ltd And ORS

17-ia-412-25 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 412 OF 2025 IN CRIMINAL APPEAL NO. 898 OF 2024 Tarachand International Pvt. Ltd.

..Applicant

Versus

Palavi Dealers Pvt. Ltd. & Ors.

..Respondents __________ Mr. Anil G. Lalla a/w. Yash S. Pulekar for Applicant. Advocate Komal Salvi for Respondent Nos.2 and 3. Mr. Shreekant H. Yadav, APP for State/Respondent No.4. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 28 JULY 2025 PC :

1.

This interim application is filed for initiating action U/s.390 of the Cr.P.C. and the second prayer is for fixing the date for final hearing.

2.

Learned counsel for the applicant submitted that, when the leave to file Appeal was granted and the Appeal was admitted, the learned counsel for the Applicant inadvertently did not press for action U/s.390 of the Cr.P.C. He submitted that, considering the amount involved, it is necessary that some assurance is given to the Court U/s.390 of the Cr.P.C. regarding availability of the Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.07.29 11:40:27 +0530 VINOD BHASKAR GOKHALE

17-ia-412-25 respondents in this case.

3.

Learned counsel for the contesting Respondents submitted that, during the entire trial, the contesting Respondents had executed bail bonds before the trial Court for their presence. 4.

Considering this situation, the following order is passed:

O R D E R

i) The Respondent Nos.2 and 3 shall execute fresh bonds on the same terms as they had executed before the trial Court during trial to satisfy the requirement of Section 390 of the Cr.P.C.

ii) It is made clear that if they comply with this direction, it is not necessary to arrest them. iii) The fresh bonds shall be executed within a period of eight weeks from today.

iv) Once the paper-books are ready, the Applicant is at liberty to file fresh application for fixing the early date of hearing of the Appeal.

v) The Application is disposed of.

(SARANG V. KOTWAL, J.)