Diipesh Lakshman Bhagtani vs The State Of Maharashtra And Ors
2024 Latest Caselaw 788 Bom

Bombay High Court

Diipesh Lakshman Bhagtani vs The State Of Maharashtra And Ors on 12 January, 2024

Author: N. J. Jamadar

Bench: N. J. Jamadar

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPLICATION NO.1233 OF 2023
                                WITH
                 CRIMINAL APPLICATION NO.1234 OF 2023
                                WITH
                 CRIMINAL APPLICATION NO.1264 OF 2023

Dipesh Lakshman Bhagtani                                         ...Applicant
           vs.
The State of Maharashtra and Others                              ...Respondents

Mr. Sahil Mahajan, for the Applicant.
Mrs. G.P. Mulekar, APP, for the Respondent/State.

                                    CORAM :   N. J. JAMADAR, J.

                                    DATE :    JANUARY 12, 2024
P.C.:

1. Heard the learned counsel for the applicant and the learned

APP for the State.

2. The learned counsel for the applicant submits that the

learned Magistrate has rejected the application to stay proceeding

in Complaint No. 900/55/2017 despite the moratorium under

section 96 of the Insolvency and Bankruptcy Code, having been in

operation.

3. The learned counsel invites attention of the Court to a

judgment of this Court dated 10 th January, 2023 in Criminal

Application No. 1151 of 2022 and connected matters.

4. Perused the judgment.

5. The issue requires consideration.

Vishal Parekar ...1

24 to 26-apl-1233-2023.doc

6. Hence, issue notice to the respondents.

7. Learned APP waives notice to respondent No. 1.

8. In addition to notice through Court the petitioner shall serve

respondent No. 2 by private service and file affidavit of service.

9. In the meanwhile, there shall be an ad-interim relief in terms

of prayer clause (b).

10. Stand over 15th February, 2024.

                                           (N. J. JAMADAR, J.)




Vishal Parekar                                                                       ...2