Financial Technologies (India) Ltd Now ... vs The State Of Maharashtra
2024 Latest Caselaw 24858 Bom

Bombay High Court

Financial Technologies (India) Ltd Now ... vs The State Of Maharashtra on 27 August, 2024

Author: Prithviraj K. Chavan

Bench: Revati Mohite Dere, Prithviraj K. Chavan

            Digitally
            signed by
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   2024:BHC-AS:34466-DB
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QUTBUDDIN PATHAN
PATHAN      Date:
            2024.08.28                                                             11-IA-2463-2023.doc
            17:02:12
            +0530


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 2463 OF 2023
                                                        IN
                                    CRIMINAL WRIT PETITION NO. 2187 OF 2015

                    Financial Technologies (India) Ltd.
                    Now Known As 63 Moons
                    Technologies Ltd.                                    ...Applicant
                         Versus
                    The State Of Maharashtra                             ...Respondent

                    Mr. Aabad Ponda, Sr. Advocate a/w Mr. Mantul Bajpai,
                    Mr. Vrushakh Vig and Mr. Vikrant Nalavade i/b M/s. Crawford
                    Bayley & Co. for the Applicant

                    Ms. Rebecca Gonsalves, Spl. P.P a/w Ms. Gauri S. Rao, A.P.P for
                    the Respondent-State

                    Mr. Piyush Raheja a/w Mr. Bhushan Shah, Mr. Akash Jain,
                    Mr. Aakash Mehta and Mr. Mohammed Lokhandwala i/b
                    Mansukhlal Hiralal & Co. for the Applicant in APPW/267/2015

                    Sr. P.I Mr. Prakash Bagal from E.O.W. is present


                                                       CORAM : REVATI MOHITE DERE &
                                                               PRITHVIRAJ K. CHAVAN, JJ.

TUESDAY, 27th AUGUST 2024

P.C :

1 By this interim application, the applicant seeks

11-IA-2463-2023.doc

restoration of the aforesaid Criminal Writ Petition, for deciding

the same on its own merits. The aforesaid writ petition was

allowed and disposed of by the Division Bench of this Court vide

judgment and order dated 28th August 2019.

2 It appears that the earlier judgment of the High Court

dated 22nd August 2019 was challenged by the State of

Maharashtra and by the Association of Investors by way of appeal

before the Apex Court and that the said appeal was allowed vide

order dated 22nd April 2022 and as such the order passed by the

Division Bench of this Court dated 22 nd August 2019 was quashed

and set-aside.

3 It is not in dispute that the judgment and order dated

28th August 2019 was challenged by the State of Maharashtra

before the Apex Court. The Apex Court in para 6 of the order

dated 6th April 2023 passed in Misc. Application Nos. 485-

486/2023 in Civil Appeal Nos. 2748-2749/2022 left it open to

11-IA-2463-2023.doc

the petitioner in writ petition No. 2187/2015 to take appropriate

action as may be advised. Pursuant to the said order, the

aforesaid interim application has been filed.

4 Learned Spl. P.P has no objection if the aforesaid

application is allowed and Criminal Writ Petition No. 2187/2015

is restored back to its original file.

5 Application is accordingly allowed. Writ Petition No.

2187/2015 and the Criminal Applications filed therein, are

restored back to original file.

6 In the event papers of Criminal Writ Petition No.

2187/2015 cannot be traced, we permit the petitioner to

reconstruct the papers /file, within two weeks from today.

7 Writ Petition and the pending applications be listed

together, on 24th September 2024.

11-IA-2463-2023.doc

8 Application stands disposed of in the above terms.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.