Allowed

M/S. Pehal Petrochemicals (India) Pvt. Ltd. v. the State of Maharashtra and Ors.

Bombay HC5 Sept 2019WP/353/2019

Case brief

AI extract

What is this about?

The Delhi High Court was not involved in this case; the Bombay High Court under S.S. Shinde, J. quashed an order dated 29th September 2018 and restored a complaint to the original file of the Metropolitan Magistrate to enable it to be decided on merits, permitting the case to proceed from where it left off due to postal compliance issues.

What did the court decide?

Quashed the order dated 29th September 2018 and restored the complaint to the original file of the Metropolitan Magistrate for decision on merits.

M/S. Pehal Petrochemicals (India) Pvt. Ltd. Vs… — Civil Procedure and Limitation | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 353 OF 2019

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M/s. Pehal Petrochemical (India) Pvt. Ltd. ...Petitioner Versus

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The State of Maharashtra and Ors.

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...Respondents

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Mr. Vijay Bhanushali for Petitioner. Mr. A.R. Patil, APP for Respondent – State.

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CORAM : S.S. SHINDE, J. DATE : 5^th SEPTEMBER 2019

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P.C.:

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Heard learned counsel for the Petitioner and learned APP

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for Respondent-State.

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Being aggrieved by the order dated 29^th September 2019

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passed by Metropolitan Magistrate 43^rd Court, Borivali, Mumbai, this petition is filed.

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Learned counsel appearing for the Petitioner invites

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attention of this Court to the averments in the complaint and in particular averment (m) in the complaint and submits that, initially the compliance at the time of filing complaint was made. However, for the

Bhagyawant

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reasons stated in the said averment the order dated 30^th August 2018 passed by the said Court could not be complied within 15 days. It is submitted that, in case the complaint is not restored to its original file, the Petitioner will suffer irreparable loss. It is submitted that, since the acknowledgement was not received from the postal department, compliance of order dated 30^th August 2019 cannot be made. He submits that, despatch receipt is annexed with the complaint and also reply to the notice issued by the Petitioner is received from the contesting Respondent by the Petitioner. Therefore, he submits that, the concerned Court may be directed to hear the complaint on merits.

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In the light of submissions made across the bar and keeping in view the grounds taken in the petition and the fact that, the despatch receipt is annexed with the complaint and contesting Respondent has also sent the reply to the notice issued by the Petitioner and same is also received by the Petitioner, the ends of justice would be met in case order dated 29^th September 2018 is quashed and set aside and complaint is restored to its original file. Accordingly, the following order-

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The impugned order dated 29^th September 2018 is quashed and set aside.

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Complaint is restored to its original file.

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Concerned Court to decide the said complaint on

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merits in accordance with procedure/law.

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With the above observations, writ petition stands dispose of.

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(S.S. SHINDE, J.)

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Bhagyawant

M/S. Pehal Petrochemicals (India) Pvt. Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Pehal Petrochemicals (India) Pvt. Ltd. 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

Parties & counsel

Coram

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