Parth Buildcon Pvt. Ltd. Through Its ... vs State Of Maharashtra And Anr
2023 Latest Caselaw 11767 Bom

Bombay High Court

Parth Buildcon Pvt. Ltd. Through Its ... vs State Of Maharashtra And Anr on 28 November, 2023

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

2023:BHC-AS:35192



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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL WRIT PETITION NO.3749 OF 2023

                    Parth Buildcon Pvt. Ltd                                .....Petitioner
                                Versus
                    State of Maharashtra
                    and another                                            .... Respondents

                                                 -----
                    Mr. Tushar Sonawane, Advocate a/w. Omkar Bhanushali for
                    the Petitioner.
                    Mr. Arfan Sait, APP for the Respondent No.1-State.
                    Mr. Akshay H. Bankapur, for the Respondent No.2.
                                                 -----

                                                        CORAM : SARANG V. KOTWAL, J.

DATE : 28th NOVEMBER, 2023 P.C. :

1. Learned counsel for the Petitioner does not press

this Petition at this stage. He seeks liberty to approach the

Appellate Court i.e. the Court of Additional Sessions Judge-

6, Nashik (where the Petitioner's Appeal is pending) for

modification of the order dated 22.8.2023. He seeks liberty

to file an application for modification of the said order based

on the observations made by the Hon'ble Supreme Court in

the case of Jamboo Bhandari Vs. M.P. State Industrial

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Deshmane(PS)

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Development Corporation Ltd and others passed in Criminal

Appeal No.2741/2023 on 4.9.2023. This judgment was not

in the field when the impugned order dated 22.8.2023 was

passed by the Additional Sessions Judge-6, Nashik. He seeks

permission to withdraw this Petition with such liberty. The

Petitioner is present in the Court.

2. Mr. Akshay Bankapur, learned counsel for the

Respondent No.2 undertakes to file his Vakilpatra within one

week from today. He submitted that he has no objection for

this course of action.

3. Considering both these submissions, the Petition

is allowed to be withdrawn with such liberty. It is made clear

that if such an application is filed, the Petitioner shall give

notice to the Respondent No.2 regarding such application.

Said application, if filed, shall be decided in accordance with

law. With this liberty, the Petition is allowed to be withdrawn

and is disposed of as such.

(SARANG V. KOTWAL, J.)

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