Rwe Supply And Trading (India) ... vs The State Of Maharashtra And Ors
2022 Latest Caselaw 797 Bom

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         SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date:                                                             24-WP-4656-2021.doc
         2022.01.24
         15:10:50
         +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL WRIT PETITION NO.4656 OF 2021

                  RWE Supply & Trading (India) Pvt. Ltd.             ...Petitioner
                      Versus
                  The State of Maharashtra & Ors.                     ...Respondents

                  Mr. Karan Kadam a/w Mr. Ishwar Nankani & Ms. Rhea Sinkar i/b Nankani
                  & Associates for the Petitioner

                  Ms. Anamika Malhotra, A.P.P for the Respondent No.1-State

                  Mr. Kushal Mor a/w Mr. Kunal Bilaney for the Respondent Nos. 2 to 4

                                            CORAM : REVATI MOHITE DERE, J.

(THROUGH VIDEO-CONFERENCING) THURSDAY, 20th JANUARY 2022 P.C. :

                  1            Heard learned counsel for the petitioner.



                  2            By this petition, the petitioner has impugned the order dated

28th October 2021 passed by the learned Metropolitan Magistrate, 58 th

Court, Bandra, Mumbai, below Exhibit 85 in C. C. No. 2379/SS/2015.

3 Learned counsel for the petitioner submits that pursuant to the

order passed by this Court dated 11th August 2021 remitting the matter back

SQ Pathan 1/3 24-WP-4656-2021.doc

to the trial Court for fresh consideration of Exhibit 85, the learned

Magistrate re-heard the parties and has passed the impugned order. He

submits that despite the trial Court having rejected the respondents'/accused

application below Exhibit 71 seeking certain documents under Section 91

r/w 254(2), the very same prayer was again made by the respondents and

which has now been allowed by the impugned order. He submits that the

earlier order passed below Exhibit 71 dated 6th November 2019 had attained

finality, inasmuch as, the said order was not challenged by the respondents/

accused before any forum. He submits that in this view of the matter, the

question of entertaining another application subsequently, seeking the very

same prayers, would not arise. Learned counsel for the petitioner further

submits that the respondents/accused had not denied the supply of coal by

the complainant and what was in question was only the quality of coal and

the same is clearly evident from the reply sent by the respondents/accused

to the demand notice sent by the petitioner. Learned counsel submits that

the respondents/accused had only questioned the sub-standard quality of

coal and had not raised any objection with regard to the supply of coal. He

submits that the learned Judge has failed to take the said fact into

consideration and has observed that the respondents/accused may well take

SQ Pathan 2/3 24-WP-4656-2021.doc

a defence during trial i.e. multiple defences. He further submits that infact,

the respondents/accused had admitted their entire liability and had entered

into Consent Terms with the petitioner. Learned counsel relied on the

Consent Terms, which are on page 174 of the petition.

4 Mr. Mor, learned counsel appearing for the respondent Nos. 2

to 4 seeks time to file affidavit-in-reply. He also seeks time to file

compilation of judgments on which he seeks to rely. The same be filed in

the Registry within two weeks with an advance copy thereof served on the

learned counsel for the petitioner.

5 Stand over to 14th February 2022. To be listed at 2:30 p.m..

6 In the meantime, the trial Court shall defer the hearing of the

proceedings, till the next date,

7 All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

SQ Pathan                                                                                3/3