Gujarat Industrial Development ... vs M/S Toral Engineering Thro Ajit ...
2022 Latest Caselaw 4673 Guj

    R/CR.MA/4938/2020                            ORDER DATED: 04/05/2022




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 4938 of 2020
                        In
 R/CRIMINAL MISC. APPLICATION NO. 4936 of 2020
                       With
 R/CRIMINAL MISC. APPLICATION NO. 4936 of 2020
======================================
  GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION
               THRO DIPTI MARATHA
                      Versus
      M/S TORAL ENGINEERING THRO AJIT SHAH
======================================
Appearance:
MR RD DAVE(264) for the Applicant(s) No. 1
MR ADIL R MIRZA(2488) for the Respondent(s) No. 1,2
RULE NOT RECD BACK for the Respondent(s) No. 3
MR. R. C. KODEKAR, APP for the Respondent No.3
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 04/05/2022

                           ORAL ORDER

Order in Criminal Misc. Application No.4938 of 2020

This is an application for condonation of delay of 123 days occurred in preferring the application for leave to appeal.

Heard Mr. Dave, learned advocate for the applicant and Mr. Sumit Prajapati, learned advocate for Mr.Adil R. Mirza, learned advocate for the respondent nos.1 and 2.

Considering the averments made in the application and submissions of the learned advocates for the respective parties, this Court is of the opinion that the delay occurred in

R/CR.MA/4938/2020 ORDER DATED: 04/05/2022

preferring the application for leave to appeal is required to be condoned.

Hence, the present application is allowed. The delay of 123 days occurred in preferring the application for leave to appeal is hereby condoned. Rule made absolute.

Order in Criminal Misc. Application no.4936 of 2020

This is an application for leave to appeal filed under Section 378(4) of the Cr.P.C. challenging the judgment and order dated 1st July, 2019 passed by Addl. Chief Metropolitan Magistrate Court no.28, Ahmedabad in Criminal Case no.1144 of 2016.

Heard Mr. R. D. Dave, learned advocate for the applicant.

Issue Notice returnable on 1st July, 2022. Mr. Sumit Prajapati, learned advocate for Mr. Adil Mirza, learned advocate waives service of notice on behalf of the respondent nos.1 and 2. Mr. Kodekar, learned APP waives service of notice on behalf of the respondent - State.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...