Bombay High Court
Nirav Modi vs The State Of Maharashtra And Anr on 14 February, 2020
Author: A.M.Badar
Bench: A.M.Badar
(901)APLNo.15052019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1505 OF 2019
WITH
CRIMINAL APPLICATION NO.1501 OF 2019
WITH
CRIMINAL APPLICATION NO.1503 OF 2019
Mehul Choksi ... Applicant
Versus
The State of Maharashtra & Anr. ... Respondents
WITH
CRIMINAL APPLICATION NO.1580 OF 2019
Nirav Modi ... Applicant
Versus
The State of Maharashtra & Anr. ... Respondents
.....
Mr.Ashul Aggarwal with Mr.Rahul S. Agarwal i/b. Mr.Yashwardhan Tiwari, Advocate for the Applicant in APL/1580/2019. Mr.A.R.Kapadnis, the Additional Public Prosecutor for the Respondent No.1/State.
Mr.Hiten S. Venegaonkar, Advocate for the Respondent No.2.
....
CORAM : A.M.BADAR J.
DATED : 14th FEBRUARY 2020.
P.C. :
1 Motion is made by the Enforcement Directorate for
speaking to minutes of the Order dated 6th January 2020. Gaikwad RD 1/3
(901)APLNo.15052019.doc 2 Heard both sides.
3 It is seen from the record that on the daily board of 6 th January 2020, at Sr.No.10, 10.1 and 10.2 three matters of applicant Mehul Chokashi were listed and along with those matters at Sr.No.10.3 application of applicant Nirav Modi was listed.
4 On that day, the learned Counsel for respondent No.2/ Enforcement Directorate sought adjournment for filing reply and this has resulted in passing the interim Order to the effect that the learned trial Court shall not pass final Order in the matter. This Order came to be passed in all four matter. In fact in Criminal Application No.1580 of 2019 of applicant Nirav Modi as informed by both the parties, the learned trial Court has already passed the Order of declaration of the applicant as "Fugitive Offender". Thus, there was no need to pass the Order to the effect that the trial Curt was not proceed to pass final Order in the matter of Nirav Modi. As both the parties have not informed this aspect, common Order came to be passed in all four application. Gaikwad RD 2/3
(901)APLNo.15052019.doc 5 In this view of the matter, Order dated 6 th January 2020 so far as it relates to Criminal Application bearing No.1580 of 2019 (Nirav Modi v. State of Maharashtra and Anr.) is recalled. However, the said matter be listed for hearing along with Criminal Applications No.1505 of 2019, 1501 of 2019 and 1503 of 2019.
(A.M.BADAR, J.) Raju D. Gaikwad Digitally signed by Raju D. Gaikwad Date: 2020.02.15 14:41:43 +0530 Gaikwad RD 3/3