Disposed

M/S. Asona Paints Stratum Pvt. Ltd. through Suresh Valani v. the State of Maharashtra and Ors.

Bombay HC11 Dec 2017WP/2104/2017

Case brief

AI extract

What is this about?

Petitioners filed Writ Petitions seeking time-bound directions for the disposal of pending Section 138 NI Act cases before the Metropolitan Magistrate. The Court noted the cases were filed in 2015-2016 with some settled; it declined a harsh time-bound but expected the trial Court to decide expeditiously due to senior citizen status.

What did the court decide?

No time-bound programme mandated; trial Court expected to decide cases expeditiously due to applicants being senior citizens.

M/S. Asona Paints Stratum Pvt. Ltd. through… — Civil Procedure and Limitation | Bombay HC (2017)

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osk 41-wp-2104-2017 & Ors.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 2104 OF 2017

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M/s.Asona Paints Stratum Pvt. Ltd. Through Suresh Valvani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 2105 OF 2017

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Suresh Amulakh Valani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 2106 OF 2017

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Deena Suresh Valani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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WITH WRIT PETITION NO. 2107 OF 2017

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Shree Riddhi Siddhi Consultancy Through Prop. Suresh Valani … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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Mr.Kaushal Thakkar for the Petitioner. Mr.H.J. Dedia, A.P.P. for Respondent No.1-State Mr.Umesh S. Iyer i/b. Mr.Prateek Sanghvi for Respondent Nos.2 and 3.

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osk 41-wp-2104-2017 & Ors.odt

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CORAM : DR.SHALINI PHANSALKAR-JOSHI, J. DATE : 11^th DECEMBER, 2017.

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P.C. :

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1] These Writ Petitions are filed seeking directions to the learned Metropolitan Magistrate, 43^rd Court, Boriwali to expedite and time bound the hearing of the Criminal cases pending before it which are filed under Section 138 of the Negotiable Instruments Act, 1881. It is submitted that the Petitioners herein are the original Complainants and they are Senior Citizens and therefore it has become necessary to give some directions to the trial Court to expedite the hearing of these cases and make the disposal of those cases time bound.

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2] Learned counsel for the Respondents points out that there were in all 11 cases filed by the Petitioners against the Respondents. Out of them, 4 cases are amicably settled and hence disposed off. In 2 cases the cross-examination of the Complainant is in progress.

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3] In view thereof, as these cases are filed only in the year 2015 and 2016 and considering the work load before the trial Court, it

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osk 41-wp-2104-2017 & Ors.odt

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would be not proper for this Court to give any time bound programme for disposal of these cases. However, having regard to the submission that the Petitioners herein are the Senior Citizens, it is expected that the trial Court will decide those cases as expeditiously as possible.

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4] All Writ Petitions are disposed of accordingly.

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[DR.SHALINI PHANSALKAR-JOSHI, J.]

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M/S. Asona Paints Stratum Pvt. Ltd. through Suresh Valani v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Asona Paints Stratum Pvt. Ltd. through Suresh Valani v. the State of Maharashtra and Ors.

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

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