Sharad Deroaj Jain And Ors vs The State Of Maharashtra And Anr
2023 Latest Caselaw 3077 Bom

                                                              15-wp-320-2023.doc


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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO.320 OF 2023


 Sharad Deroaj Jain and Ors.                   ... Petitioners
            V/s.
 The State of Maharashtra and Anr.             ... Respondents


 Mr. Pranav Badheka, Mr. Hrishikesh Mundargi with Mr.
 Pushkraj Deshpande, Mr. Piyush Pandhare & Mr. Rohan
 Marathe i/by ALMT Legal for the petitioners.
 Mr. Mithilesh Mishra for Respondent No.2.
 Mr. M.G. Patil, APP for State/Respondent No.1.

                                CORAM    : AMIT BORKAR, J.

                                DATED    : MARCH 28, 2023
 P.C.:

1. Issue notice to respondent No.2, returnable on 6th June 2023.

2. Mr. Mithilesh Mishra, learned advocate waives notice for respondent No.2. According to the petitioners, they are non- executive independent Directors. In support of the said contention the petitioners have produced on record Form No.DIR-12 for issue pursuant to Section 7(1) (c), 168 & 170 (2 )of Companies Act, 1956.

3. In view of judgment of Apex Court in the case of Sunita Palita and Ors. Vs. Panchami Stone Quarry, reported in (2022)

15-wp-320-2023.doc

10 SCC 152, in para 28, the petitioners have made out a case for ad-interim relief.

4. Till 6th June 2023, there shall be ad-interim relief in terms of prayer clause (d) qua petitioners only.

(AMIT BORKAR, J.)