Citation : 2024 Latest Caselaw 22835 Bom
Judgement Date : 6 August, 2024
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3301 OF 2018
VF Brands India Pvt Limited and Ors. .. Petitioners
Versus
State of Maharashtra and Anr. .. Respondents
WITH
WRIT PETITION NO. 5109 OF 2018
Pranav Kulkarni .. Petitioner
Versus
State of Maharashtra and Anr. .. Respondents
...
Mr. Sanjog Parab, Senior Advocate a/w Mr. Kushal Mor, Mr.
Amit Jajoo, Mr. Nirav Parmar and Mr. Aryan Deshmukh i/b
IndusLaw for the Petitioners in WP/3301/2018 and WP/5109/
2018.
Mr. Aabad Ponda, Senior Advocate a/w Ms Swati Singh, A. Rao
i/b Khaitan & Co, for Petitioner No. 4 in WP/3301/2018.
Mr. Subodh Desai, Senior Advocate a/w Mr. Raghavendra
Mehrotra i/b Lawkhart Legal Advocates and Legal
Consultants, for Respondent No. 2.
Dr. Ashvini A. Takalkar, APP, for the Respondent - State.
...
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 6th AUGUST, 2024
R.V.Patil
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P.C:-
1. The two Writ Petitions which came to be dismissed on 14.02.2024 by reserving a liberty to avail the alternate remedy of discharge and/or contesting the case before the trial Court gave rise to the proceedings before the Apex Court, and on 12.07.2024, the impugned judgment was set aside. As a sequence of the same, the matter was remitted back to the High Court for being decided on merits after affording opportunity to the parties concerned. A request is also received by us, that all endevours shall be made to dispose off the matter within a period of three months, considering its long pendency.
2. It is in these circumstances, the two Writ Petitions are placed before us for consideration.
We have heard learned Senior Counsel, Mr. Ponda, who represent Mr. Puneet Khosla (Petitioner No. 4) in Writ Petition No. 3301 of 2018 is desirous of fling a separate Writ Petition, as the other petitioners in the Petition are represented by learned Senior Counsel Mr. Parab. He also represent the petitioner Mr. Pranav Kulkarni in Writ Petition No. 5109 of 2018.
Upon the request made, we permit Mr. Ponda to fle a separate Writ Petition restricting it to Mr. Puneet Khosla (Petitioner No. 4) on or before 18.08.2024. Upon such a Petition being fled, necessary steps should be taken to place it before appropriate bench, to which the Petition shall be entrusted.
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The learned Senior Counsel, Mr. Desai represent Respondent No. 2 in both the Criminal Writ Petitions, which are presently before us.
3. The learned Senior Counsel, Mr. Parab is also desirous of amending both the Writ Petitions which include amendment in the prayer clause as well as the bringing of subsequent events on record, which is now restricted to the petitioners except petitioner No.4 who is already permitted to fle a separate proceedings.
Mr. Desai has no objection to allow the amendment, but he is at liberty to fle an additional affdavit, if he desirous to do so.
Let the amendment be carried out within a period of two weeks from today.
Re-notify to 26.08.2024.
To be listed under the caption "For Directions".
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
R.V.Patil
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