Revati Associates And ... vs Abhijit S/O. Omprakash Kamble
2023 Latest Caselaw 7324 Bom

                                   -1-         22.APL.711.2023. Judgment.odt



 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           NAGPUR BENCH : NAGPUR.
    CRIMINAL APPLICATION (APL) NO. 711 OF 2023

 APPLICANT                     :   Revati Associates and Infrastructure
                                   Pvt. Ltd., through its Proprietor Shri
                                   Suhas Ratnakar Morey, Aged - 50
                                   years, Occupation - Business, R/o.
                                   Plot No.52, Gudadhe Layout, Bhamti,
                                   Nagpur - 440022.

                                         //VERSUS//

 NON-APPLICANT                 :   Abhijit S/o. Omprakash Kamble, Aged
                                   37 years, Occupation - Service, R/o.
                                   Plot No.443, Ambedkar Nagar,
                                   Nagpur - 440010.

**************************************************************
  Mr. Ritesh N. Badhe, Advocate for the Applicant.
  Mr. P.S. Kshirsagar, Advocate for the Non-applicant.
**************************************************************
                CORAM : G. A. SANAP, J.

DATED : 24th JULY, 2023.

ORAL JUDGMENT

Heard.

02] Admit. The application is heard finally with the consent

of the learned advocates for the parties. Perused the record and

proceedings.

-2- 22.APL.711.2023. Judgment.odt

03] This application can be disposed of in view of the

statements made across the bar by learned advocates for the parties.

04] Learned advocate for the applicant submitted that in the

pending appeal before the State Consumer Disputes Redressal

Commission, Maharashtra State, Circuit Bench, Nagpur

(hereinafter referred to as "the Commission" for short), the

applicant will deposit the entire amount on or before 5 th October,

2023. Learned advocate further submitted that applicant, on

cancellation of non-bailable warrant, will file an undertaking to

that effect before the Commission, within a week from today.

05] Learned advocate for the non-applicant submitted that,

if the applicant files an undertaking, as stated above, and deposits

the amount on or before 5th October, 2023, the Court may pass an

appropriate order with regard to the cancellation of non-bailable

warrant.

06] It needs to be stated that, in this Court, the applicant has

deposited Rs.15,000/- (rupees fifteen thousand only). It is made

clear that the amount deposited in this Court shall be taken into

consideration while working out the final amount payable by the

applicant.

-3- 22.APL.711.2023. Judgment.odt

07] In view of the statement made by learned advocate for

the applicant, the order passed by the Commission dated

20th April, 2023 rejecting the application for cancellation of

non-bailable warrant, is set aside. The application for cancellation

of non-bailable warrant is allowed. The non-bailable warrant is

cancelled, subject to the condition that the applicant shall pay the

entire amount on or before 5th October, 2023.

08] It is also made clear that the applicant shall file a specific

undertaking before the Commission that he will pay the entire

amount on or before 5th October, 2023.

09] The non-applicant is permitted to withdraw amount of

Rs.15,000/- (rupees fifteen thousand only) deposited in this Court.

10] The application is disposed of in the above terms.

(G. A. SANAP, J.)

Vijay