Siddharth Ramesh Ahire And Ors vs Prajakta Siddharth Ahire And Anr
2022 Latest Caselaw 4903 Bom

                                                                                        29-ia-1486-2022.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1486 OF 2022
                                                    IN
                                CRIMINAL REVISION APPLICATION NO.188 OF 2022

                      Siddharth Ramesh Ahire and Others                          ...Applicants
                                 vs.
                      Prajakta Siddharth Ahire and Others                        ...Respondents
VISHAL
SUBHASH               Mr. Viraj Patil, for the Applicants
PAREKAR               Mr. S.R. Agarkar, APP for Respondent No.2/State.
Digitally signed by
VISHAL SUBHASH                                      CORAM :   N. J. JAMADAR, J.

PAREKAR Date: 2022.05.07 DATE : MAY 06, 2022 11:04:44 +0530 P.C.:

1. Leave to amend.

2. Necessary amendment be carried out forthwith.

3. The applicants have preferred this application being

aggrieved by the judgment and order passed by the learned

Additional Sessions Judge, Satara in Criminal Appeal No.9 of 2021

whereby the appeal preferred by the applicants, against the order

passed by the learned JMFC, Satara in Criminal Misc. Application

No. 228 of 2017 directing the respondent No. 1 therein/applicant

No. 1 herein, to pay a monetary relief of Rs. 10,000/- p.m. to

respondent No. 2 Prajakta, his wife, and son, and the applicant Nos.

1 to 4 to pay compensation of Rs. 2 lakhs to respondent No. 2

Prajakta, came to be dismissed.

4. The learned counsel for the applicants submits that, as of now,

Vishal Parekar ...1 29-ia-1486-2022.doc

the arrears of monetary relief are to the tune of Rs. 3,85,000/- in

addition to the compensation of Rs. 2 lakhs, ordered to be paid by

the learned Magistrate. The learned counsel further submits that

the applicants are ready to deposit a sum of Rs. 3,00,000/- within a

period of one week. The learned counsel prays that, in the

meanwhile, the execution of the recovery warrant be stayed.

5. In the backdrop of the aforesaid submissions, issue notice to

the respondents returnable on 17th June, 2022.

6. Learned APP waives notice for respondent No. 2.

7. In addition to Court notice the applicants are at liberty to

serve respondent No. 1 by private service and file affidavit of

service.

8. The statement made, on the instructions of applicants, that

the applicants would deposit Rs. 3 lakhs within a week, is accepted.

9. Subject to deposit of the aforesaid amount of Rs. 3 lakhs by

the applicants in the Court of learned Magistrate, within a period of

one week from today, no coercive steps be taken against the

applicants in the recovery proceeding initiated by respondent No. 1.

10. It is made clear that in the event of default in depositing the

aforesaid amount within a week, this order would stand vacated

automatically without further reference to the Court.

                                                 (N. J. JAMADAR, J.)

Vishal Parekar                                                              ...2