The Court listed multiple connected Writ Petitions for final hearing on 13/06/2024 in compliance with the Supreme Court's order directing consideration of interim relief, noting jurisdictional challenges regarding the assignment of criminal work.
Connected Writ Petitions directed to be listed on 13/06/2024 for final hearing.
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.
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MANDIRAMILINDSALGAONKAR Digitally signed by MANDIRAMILIND SALGAONKARDate: 2024.06.11 00:30:35+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1335 OF 2024
IN
WRIT PETITION NO.731 OF 2023
Sagar Maruti Suryawanshi .. Applicant Versus
Directorate of Enforcement & Ors.
.. Respondents
Mr.Ajay Bhise with Ms.Deepali Kedar i/b Mr.Sagar Kursija in IA/1335/24 in WP/731/23 for the Applicant/Petitioner.
Mr.Shantanu Phanse with Mr.S.S.Bedekar for the Petitioner in WP/612/23.
Mr.H.S.Venegavkar, Public Prosecutor with Mr.Ayush Kedia for the Respondent No.1-Enforcement Directorate.
Mr.A.V.Anturkar, Senior Advocate for the Intervenor.
CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATED : 10th JUNE, 2024
P.C:-
M.M.Salgaonkar
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The grievance made before the Apex Court was to the effect that the Writ Petition filed for quashing of the complaint is pending before the Bombay High Court and it had neither heard the Writ Petition nor considered the prayer for interim relief.
In the wake of this grievance, Their Lordships of the Apex Court passed the following order :-
“Issue notice returnable on 8th July, 2024.
In the meanwhile, considering the facts noted above, it will be open for the petitioner to move the regular Bench of the Bombay High Court or the vacation Bench for consideration of prayer for grant of interim relief.
In the event, the petitioner does not get hearing before the High Court, we make it clear that we will consider the prayer for grant of interim relief on the returnable date.”
However, it is informed that there are more Petitions, which involve a similar issue and by consent of the learned counsel representing the Applicant/Petitioner, the learned counsel representing the Petitioner in Writ Petition No.612 of 2023, the learned counsel Mr.Venegavkar, appearing for the Directorate of Enforcement as well as the learned senior counsel Mr.Anturkar representing the Intervenor, a consensus is arrived that the Writ Petitions shall be heard finally.
M.M.Salgaonkar
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With this consensus, the present Writ Petition alongwith connected Writ Petitions, being WP/612/23, WP/690/23, WP/711/23, WP/746/23, WP/1030/23, WP/961/23 and WP/646/23, are directed to be listed on 13/06/2024 at 2.30 p.m.
In these circumstances, with a clear understanding that all the Writ Petitions shall be argued finally, re-notify to 13/06/2024.
It is expected that all the learned counsel representing the respective parties shall give their brief note of the submissions/points involved for consideration.
M.M.Salgaonkar
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Bench, headed by Justice A.S.Gadkari. However, the learned counsel for the Petitioners pointed out the two orders passed by the respective Benches, recusing themselves from hearing the Writ Petitions.
It is in these circumstances, according to the learned counsel for the Petitioners, the matters shall be covered under “other Criminal work not assigned to other Courts”.
However, it is advisable that this aspect should be brought to the notice of the Hon’ble The Chief Justice, so that appropriate orders can be obtained and the Writ Petitions can proceed for hearing on 13/06/2024, in terms of the directions issued above.
(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)
M.M.Salgaonkar
2 issues framed by the court
Whether connected Writ Petitions can be listed in the same bench for final hearing to comply with the Apex Court's direction regarding interim relief.
Whether the present Bench can exercise jurisdiction over Writ Petitions regarding enforcement proceedings given the recusal of assigned Benches.
Sagar Maruti Suryawanshi
Directorate of Enforcement
Bharati Dangre
Manjusha Deshpande
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
