Greenlife Chem - Synthesis Pvt. ... vs The State Of Maharashtra And Ors
2017 Latest Caselaw 3070 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPEAL NO.208 OF 2017


Greenlife Chem - Synthesis Pvt.
Ltd.                                          ......Appellant
V/s.
The State of Maharashtra
& Ors.                                        .......Respondents


Mr. Y.P.Deshmukh i/by Mr. Sachin K. Hande , Advocates for
Appellant.
Mrs. G.P.Mulekar , APP for Respondent-State.


                          CORAM : SMT. V.K. TAHILRAMANI, &
                                  SANDEEP K. SHINDE, JJ.

DATE : 12th June, 2017.

Oral Judgment: (Per Smt. V.K.Tahilramani, J.)

Heard.

2 This Appeal is in relation to the property at

Sr.No.2 of the Annexure 'A' of the Notification dated

4.5.2016. The property is premises situated at 14A, Chand

Terrace, Bandra (West), Mumbai. This Appeal pertains to

the order dated 16.2.2017 passed by the Special Judge,

MPID in Special Case No.12 of 2005. The grievance of the

Appellant is that his objection in relation to the property at

Shivgan

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Sr.No.2 was not considered before passing the order dated

16.2.2017. The order dated 16.2.2017 also shows that the

objection was not considered. Further, the trial Court has

observed that that there is no provision of review of its own

order and as such, he should prefer an appeal before the

High Court.

3 It is an admitted fact that the objection of the

Appellant was not taken into consideration. In this view of

the matter, in the interest of justice, the order dated

16.2.2017 in relation to the property at Sr.No.2 is set aside.

The Appellant shall prefer properly verified application

before the trial Court by 3.7.2017 wherein objection in

relation to the property at Sr.No.2 shall be raised. The trial

Court shall take the said objection into consideration and

thereafter pass appropriate orders in relation to the

property at Sr.No.2.

4 The Appeal is allowed in the above terms.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)

Shivgan