Disposed

Arun Subrao Kapse and Anr. v. Senior Inspector of Police and Ors.

Bombay HC22 Mar 2017APPW/127/2017

Case brief

AI extract

What is this about?

In this criminal application, the Bombay High Court accepted an undertaking by applicants to pay bank dues within specified dates. The court extended time for payment of installments but clarified that no further extensions would be granted.

What did the court decide?

Acceptance of undertaking; extension of time for payment of installments to 31st March, 2017 and 7th April, 2017. Clarification that no further extension will be granted.

Arun Subrao Kapse and Anr. Vs Senior Inspector of… — Company and Corporate | Bombay HC (2017)

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Megha 902_appw_127_2017.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.127 OF 2017 IN

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WRIT PETITION NO.148 OF 2017

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Arun Subrao Kapse & Anr. ...Applicants Versus Senior Inspector of Police & Ors. ...Respondents

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Mr. Mahadeo A. Choudhari for the Petitioners/ Dr. F.R. Shaikh, APP for the Respondent Nos.1 and 4. Mr. Farzan i/b. Mr. M.V. Thorat for the Respondent No.3.

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CORAM : A.S. OKA &

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SMT. ANUJA PRABHUDESSAI, JJ.

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DATED: 22^nd MARCH, 2017.

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P.C.:

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Heard the learned counsel appearing for the Applicants, the

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learned APP for the first and fourth Respondents and the learned counsel appearing for the third Respondent. The Applicants have tendered affirmed undertaking dated 22^nd March, 2017, which is taken on record and marked as 'A3' for identification. The learned counsel appearing for the third Respondent has no objection for granting prayer (b) in terms of undertaking tendered today, subject to condition that no further extension should be granted to the Applicants. Clauses Nos. 4, 5 and 6 of the said undertaking tendered today read thus:

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“4. Petitioners state that, they have paid amount of

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Megha

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Megha 902_appw_127_2017.doc

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Rs.15,50,000/ (fifteen lakhs fifty thousand) to

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complainant bank on 20.03.2017 as part payment of installment which was due on 01.03.2017.

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Now petitioner undertake to this Hon'ble court

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that, they will pay remaining amount of Rs.65.15 lakhs of 1^st installment which was due on 1^st March, 2017,

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on or before 31^st March, 2017 and thereafter 2^nd installment which is due on 1^st April, 2017 as per earlier undertaking will be paid on 07.04.2017 and remaining two installments will be paid as per earlier undertaking dated 30.01.2017 i.e. on 1^st May, 2017 and 1^st June, 2017.

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Petitioner undertake to this Hon'ble court, they will pay above amount without fail as per above undertaking.”

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We accept the statements and undertakings as aforesaid. In view of the acceptance of the undertakings, earlier undertaking dated 31st January, 2017 stands modified to that extent.

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Accordingly, the criminal application is disposed of by passing following order :

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Megha

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Megha 902_appw_127_2017.doc

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(a) undertakings as aforesaid given by the Applicants

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are accepted;

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(b) Time for payment of the installment due and payable on or before 1st March, 2017 in terms of earlier undertaking dated 31st January, 2017 is extended till 31st March, 2017. Time granted to pay the installment payable on 1st April, 2017 is extended till 7th April, 2017. Rest of the installments remain unaltered;

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(d) The Application is disposed of in above terms.

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(ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.)

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Megha

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Arun Subrao Kapse and Anr. v. Senior Inspector of Police and Ors.

Case brief

What is this about?

What did the court decide?

Arun Subrao Kapse and Anr. v. Senior Inspector of Police and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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