This judgment disposes of two applications by accepting the applicant's affidavit undertaking to appear before the trial court by May 7, 2013, and vacating ad-interim orders.
Affidavit accepted as undertaking; appearance before trial court fixed for May 7, 2013; ad-interim order vacated; execution of warrants stayed.
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apl101-144.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPLICATION NO.101 OF 2013
Sameer Jaswant Shah .. Applicant Versus Rajendra Vinayak Mehta & Anr. .. Respondents
WITH
APPLICATION NO.144 OF 2013
IN
CRIMINAL APPLICATION NO.101 OF 2013
Rajendra Vinayak Mehta .. Applicant Versus State of Maharashtra .. Respondent
Mr.S.V.Kotwal i/b. Mr.Amit Ghag for applicants Mr.A.S.Shitole, APP for State
Mrs.Smita Patel, C.A. for respondent No.1 in APL 101/2013
P.C.:
1] Pursuant to my order dated 26th March 2013 an affidavit
has been filed by the applicant Mr.Sameer J. Shah. That affidavit has been affirmed before a Notary Public,
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Commissioned for St.Louis County and it is stated that the applicant resides at 1897, McKelvey Hill, Dr.Maryland Heights, MO 63043 – 3479, U.S.A. The applicant states in this affidavit
that he has filed this criminal application No.101 of 2013. He has invoked the inherent powers of this Court under section 482 of Code of Criminal Procedure through his mother and Constituted Attorney Mrs.Veena J. Shah He states that he has appointed his mother as constituted attorney in the criminal application. He has given an undertaking through his mother/ C.A. that on 7th May 2013 he will remain present before the learned Metropolitan Magistrate, 10th Court in Criminal Case No.48/SS/ 2005.
2] In pursuance of my order he has filed this affidavit and his signature has been identified by the Advocate appearing for him in this Court. Equally, it is stated that this affidavit was affirmed by Mr.Sameer Shah before a Notary Public Mujib A. Khan. The applicant Sameer Shah has undertaken to this Court that he
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apl101-144.doc
shall appear on 7th May 2013 before the learned Magistrate.
3] In view of this affidavit, the statements in which are confirmed and equally the signature, that this application can be disposed of by accepting statements in this affidavit and criminal application as undertakings to this Court. If the applicant fails to abide by his undertaking to this Court, then, in addition to he being proceeded for breach and violation of this undertaking and dealt with by this court independently, if he fails to appear before the trial court as undertaken on 7th May 2013, then, the learned Magistrate can issue appropriate orders and directions in accordance with law to secure the presence of applicant before me.
4] This criminal application is disposed of in terms of the order dated 26th March 2013 and today. The adinterim order passed is vacated. Needless to clarify that in view of this undertaking given to this Court and which is accepted as
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directed above, the applicant is given time to appear before the trial court till 7th May 2013. Further needless to add that if any bailable or non bailable warrants have been issued, the same may not be executed till 7th May 2013.
(S. C. DHARMADHIKARI, J)
Sameer Jaswant Shah
Rajendra Vinayak Mehta
State of Maharashtra
S. C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
