The High Court at Bombay allowed the petitioner to withdraw their application for recalling process by liberty, citing that the application was not maintainable per the Supreme Court decision in Adalat Prasad Vs. Rooplal Jindal.
Permission to withdraw application for recalling process with liberty to apply for discharge.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1502 OF 2009
Starlight Systems Pvt.Ltd. & Anr. ... Petitioners versus State of Maharashtra & Anr. ... Respondents
Mr.Shirish Gupte, Sr. Advocate with Mr.Subodh Desai i/b A.V. Doijode for the petitioner
Mr.Sameer Mohite i/b M/s.Paras Kuhad & Associates for respondent no. 2.
Ms.M.H. Mhatre APP for the State.
CORAM : D.G. KARNIK, J.
DATED : 6th November 2009
P.C.
law. I am also of the view that in view of the decision of the Supreme Court in case in Adalat Prasad (Supra), the application made by the petitioner for recall of the process was not maintainable and therefore the petitioner can be granted permission to withdraw the application with liberty as prayed for. Consequent upon the withdrawal of the application, all orders passed thereupon would stand quashed and set aside.
1 issue framed by the court
Whether leave to withdraw an application for recalling process should be granted in light of Adalat Prasad Vs. Rooplal Jindal decision
Colour shows how this judgement treated each authority
Adalat Prasad Vs. Rooplal JindalApplied¶13
Adalat Prasad Vs. Rooplal Jindal. 2004 (7) SCC 338 · Who else cites this
Starlight Systems Pvt.Ltd. & Anr.
State of Maharashtra & Anr.
D.G. Karnik
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
