Bombay High Court
Manoj Madhav Datir vs The State Of Maharashtra on 25 July, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
1 11.REVN.181.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.181 OF 2021
Manoj Madhav Datir Applicant
versus
The State of Maharashtra and others Respondents
Mr.Kailas Dewal with Ms.Siddhi Bhosale i/by Mr.Chaitanya Pendse,
Advocate for applicant.
Mr.Rohan Hogle i/by Mr.Mangesh Kusurkar for respondent nos.2 and 3.
Mr.Tejas Mahajan, Chairman of respondent no.2, present.
Mr.Aniket Mokashi i/by Mr.Amit Karkhanis, Advocate for respondent
nos.4 and 5.
CORAM : PRAKASH D. NAIK, J.
DATE : 25th July 2022
PC :
1. When this Revision Application was listed for hearing on 11 th July 2022 before this Court, learned advocate for respondent nos.2 and 3 submitted that the amount of Rs.35 lakhs was paid by way of principal amount to the petitioner and respondent nos.2 and 3 are willing to pay Rs.60 lakhs to the petitioner on or before 30 th September 2022. Respondent nos.2 and 3 were directed to file an undertaking providing schedule of payment of Rs.60 lakhs.
2. The undertaking dated 25th July 2022 in respect of repayment of principal amount to applicant is submitted by respondent nos.2 and 3. The undertaking refers to the schedule of payment. The first instalment of Rs.30 lakhs would be paid on or before 30 th August 2022 by way of account transfer to the complainant's account as provided by him with the office of respondent no.2. The amount of Digitally signed by MANISH MANISH SURESH SURESH THATTE Date: 2022.07.27 THATTE 14:29:52 +0530 Rs.30 lakhs would be paid by respondent nos.2 and 3 on or before 29th September 2022 by way of account transfer to applicant's account.
2 11.REVN.181.2021.doc
3. The undertaking also stipulates that office of respondent nos.2 would hand over two post dated cheques to applicant against the above schedule of repayment. It is agreed between the parties that the said cheques would be given for security purpose against repayment amount. In case of failure to transfer the said amount on due date, the applicant would be entitled to deposit the respective cheque for encashment. It is agreed that the applicant/complainant would return the cheque/s to office of respondent no.2 as and when due amount is transferred as stated above and the same shall stand cancelled. It is also agreed that the applicant would not present the cheque/s on or before the due date of amount. The respondent nos.2 and 3 have undertaken to comply the undertaking.
4. The undertaking is taken on record and marked "X" for identification.
5. The Chairman of respondent no.2 is present in the Court.
6. In view of the aforesaid undertaking, the application is adjourned to 6th September 2022.
(PRAKASH D. NAIK, J.) MST