Atul Vasant Borikar vs The Provident Investment Company ...
2021 Latest Caselaw 4304 Bom

            Digitally signed
Laxmikant   by Laxmikant G.
            Chandan
G.          Date:
Chandan     2021.03.10
            10:39:53 +0530                                                   (36) cri.IA-818.21.odt




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL INTERIM APPLICATION NO.818 OF 2021
                                                   IN
                                   CRIMINAL APPLICATION NO.245 OF 2018
                                                   IN
                                  CRIMINAL WRIT PETITION NO.1927 OF 2018

              Atul Vasant Borikar                                   : Applicant/Petitioner.
                    Versus
              The Provident Investment Company Ltd.
              and ors.                                              : Respondents.

Mr. Atul V Borikar - Applicant/Petitioner in person present. Mr. V B Konde-Deshmukh, APP for the Respondent/State.

                                           CORAM :      S. S. SHINDE,
                                                        MANISH PITALE, JJ
                                           DATE     :   09th MARCH 2021
              P.C.



              1                This Interim Application is filed in Criminal Application No.245 of

2018 in Criminal Writ Petition No.1927 of 2018. In the present Interim

Application one of the prayers of the Applicant is to restore Criminal Writ

Petition No.1927 of 2018 to its original file.

2 It appears that Division Bench of this Court (Corm :- R. M Savant

& Revati Mohite Dere, JJ)) on 07/06/2018 has passed the order and disposed

of Criminal Writ Petition No.1927 of 2018.

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3           In view of the provision of Rule 2(3) of Chapter XXX of Bombay

High Court Appellate Side Rules, 1960, if at all this Interim Application is

maintainable, the same will have to be placed before the same Court which has

heard and disposed of the Writ Petition. The said Rule 2(3) of Chapter XXX of

the Bombay High Court Appellate Side Rules, reads thus :-

"CHAPTER XXX

MISCELLANEOUS

1 .....

2 .....

3(1).....

3(2)Where the order has been passed or the judgment has been delivered by a Division Bench, such application shall be placed before that Division :

Provided however that where one Judge of the said Division Bench has ceased to be the Judge of the High Court, or has ceased to sit at the particular Bench, such application shall be placed before another Division Bench of which the other Judge is a Member:

Provided further that when both the Judges have ceased to be the Judges of the High Court, or have ceased to sit at the particular Bench, such application shall be placed before a Division Bench dealing with ---

(a) Writ Petitions, if the original order had been passed in a Writ Petition;

(b) First Appeals, if the original order had been passed in a First Appeal;

(c) Criminal Appeals, if the original order had been passed in Criminal Appeal or a Criminal Application."

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4          In that view of the matter, the Applicant is free to move the

Registrar (Judicial) of this Court for further steps to be taken in this

Application. Accordingly removed from board.

[MANISH PITALE, J] [S. S. SHINDE , J]

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