The High Court allowed an application for restoration of a Criminal Application dismissed due to non-appearance, subject to payment of costs Rs. 10,000 to the respondent within two weeks.
Criminal Application No. 1538 of 2002 restored subject to payment of Rs. 10,000 costs to Respondent no. 1 within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
23-appp-173-2017.odt
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 173 OF 2017
IN
CRIMINAL APPLICATION NO. 1538 OF 2002
Imtiyaz Ismail Baig & Anr. … Applicants. vs. Mominpada Masjid Yakub Baig … Respondents Trust and Ors.
Mr. Yusuf Mithi h/f/. Mr. Haroon Solkar appearing for the Applicant. Ms. Sanchita Thakur i/b. Ms. Priyanka Thakur for Respondent no.1 Mr. S. V. Gavand, APP for the State.
P.C.:
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23-appp-173-2017.odt
limitation. Thereafter, it appears that the Criminal Application was once again listed on 13th January, 2017 but once again none appeared for the petitioner. The matter was placed on 19th January, 2017 for dismissal but it appears that the matter was not listed. The record indicates that on 27 th January, 2017 the application was shown on board for dismissal yet the applicant and Advocate were absent. The application came to be dismissed and the present application is thereafter taken on 17th February, 2017 within the period of limitation.
(iv) Application is disposed of in the above terms.
(A. K. MENON, J.)
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2 issues framed by the court
Whether the Criminal Application seeking restoration of the dismissed matter falls within the period of limitation.
What conditions must be satisfied for granting restoration of an application dismissed non-appearance.
Imtiyaz Ismail Baig & Anr.
Mominpada Masjid Yakub Baig Trust
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
