Bombay High Court
Jaysingh Vallabhdas Mariwala And Ors vs The State Of Maharashtra And Anr on 11 July, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
rpa 1/3 8ia3410,3409of2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3410 OF 2021
IN
CRIMINAL WRIT PETITION NO.87 OF 2005
Jaysingh Vallabhdas Mariwala and Ors. .. Applicants
Versus
State of Maharashtra and Anr. .. Respondents
WITH
INTERIM APPLICATION NO.3409 OF 2021
IN
CRIMINAL WRIT PETITION NO.86 OF 2005
Jaysingh Vallabhdas Mariwala and Ors. .. Applicants
Versus
State of Maharashtra and Anr. .. Respondents
......
Mr.Sunil V. Manohar, Senior Counsel a/w. Mr.Akshay A. Naik and
Mr.Gireesh U.G. Menon, Advocate for the Applicants.
Mr.A.D. Kamkhedkar, APP for the Respondent No.1-State.
......
CORAM : PRAKASH D. NAIK J.
DATED : JULY 11, 2022.
P.C. :
Both these applications are preferred for recalling order
dated 15th February, 2021, and, restoration of Criminal Writ Petition
No.87 of 2005 and Criminal Writ Petition No.86 of 2005.
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
2022.07.13
15:47:21
+0530
rpa 2/3 8ia3410,3409of2021.doc
2 The petitions were listed for hearing on 15 th February,
2021, and, since none appeared for the petitioners, the petitions were
dismissed for non prosecution.
3 Learned counsel for the petitioners submits that the
reasons for non appearance of advocate representing the petitioners
is mentioned in this application. The advocate for the petitioners was
requested to travel to Delhi on 14th February, 2022, and, he was not
aware of the listing of these matters. Upon reaching Delhi, the
advocate suffered symptoms of fever and weakness and advised rest.
After undergoing test, it was revealed that he was suffering from
Covid-19.
4 These applications were preferred within short span of
time after the dismissal of the petitions for non prosecution.
5 The petitions were admitted by this Court vide order
dated 17th October, 2005, and, interim relief qua petitioners was
granted in terms of prayer clause (d). For the reasons stated in the
applications, and, considering the submission of the learned counsel
for the petitioners/applicants, the petitions are required to the
restored.
rpa 3/3 8ia3410,3409of2021.doc
6 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application Nos.3410 of 2021 and 3409 of 2010, are allowed;
(ii) The order dated 15th February, 2021, stands recalled and the petitions are restored to fle with interim relief granted in favour of the petitioners;
(iii) Interim Applications stand disposed of accordingly;
(iv) The Writ Petitions be listed for hearing in due course.
(PRAKASH D. NAIK, J.)