Dismissed

Indage (India) Ltd. v. the State of Maharashtra and Anr.

Bombay HC13 Aug 2007APPW/59/2007

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay rejected an application seeking restoration of a dismissed Criminal Writ Petition due to a delay of 698 days. The court held no sufficient reason existed to condone the delay, as the petitioner had a statutory remedy under Cr.P.C. Section 378.

What did the court decide?

Application to restore the dismissed Writ Petition was rejected.

Indage (India) Ltd. Vs the State of Maharashtra and Anr. — Bombay HC (2007) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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Criminal Application NO.59 of 2007

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Criminal Writ Petition No.372 of 2003

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Indage (India) Ltd. now known as Champagne (Inda) Ltd. Vs. The State of Mahrashtra & anr.

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Petitioner

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Respondents

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Mr.E.R.Naik for petitioner. Mr.D.P.Adsule, APP for State.

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CORAM: B.H.MARLAPALLE, J.

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August 13, 2007.

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P.C.

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. Heard Mr.Naik, the learned counsel for the

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applicant	-	Company	which	is	seeking	restoration	of
Criminal	Writ	Petition	No.372	of	2003.	However,	the
restoration		application	has	been	filed	belatedly	and

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as per the office note the delay caused is of 698

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days.

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I am not satisfied that good and sufficient

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reasons	have been	made	out	to	condone	the delay	and
in	any case	against	the	order	passed	under	Section
256	of Cr.P.C.	dism	issing	the	complaint	i.e.	C.C.
No.86/S/2	000, the	pe	titioner	-	compa	ny has	a
statutory	remedy	of	filing	an	appeal	after	seeking
leave	under Secti	on	378(4)	of	Cr.P.C.	Hence	the

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application	is	rejecte	d an	d it	is	clarified	that
dismissal	of	Crimin	al Writ	Petitio	n	No.372 of	2003
for default	will	not	come	in	the	way of	the
petitioner -	comp	any	from	applying		for prosecution	of

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appeal against the order of acquittal subject to the

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condition of limitation.

Indage (India) Ltd. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Indage (India) Ltd. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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