Disposed

Vilas Chandrakant Gaokar v. Kumarpal Hastimal Kothari and Anr.

Bombay HC19 Dec 2024WP/6025/2024

Case brief

AI extract

What is this about?

The court recorded an undertaking by the petitioner to deposit the balance amount of Rs. 4,50,000/- to comply with suspension of sentence orders. The court accepted the undertaking, permitted the respondent to seek withdrawal of deposited amounts, and kept the matter pending compliance.

What did the court decide?

Interim relief continued subject to deposit of Rs. 4,50,000/- by 31.12.2024.

Vilas Chandrakant Gaokar vs Kumarpal Hastimal Kothari and Anr. — Bombay HC (2024) — LawSathi Research

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WAKLE MANOJ JANARDHAN

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Manoj 903-WP-6025-2024.doc

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Digitally signed by WAKLE MANOJ JANARDHAN Date: 2024.12.20 16:24:09 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 6025 OF 2024

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Mr. Vilas Chandrakant Gaokar ...Petitioner Vs.

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Mr. Kumarpal Hastimal Kothari And Anr. ...Respondents

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Mr. Pramod Kathane a/w Mr. Amol Ghurde and Mr. Manohar S. Mandarkar for the Petitioner.

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Mr. Jatin P. Karia (Shah) a/w Adv. Snehankita Munj, Adv. Shraddha Kamble & Adv. Preeti S. G. for the Respondent No.1. Mr. N. B. Patil, APP for the Respondent No.2-State.

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CORAM : SHYAM C. CHANDAK, J.

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DATED : 20^th DECEMBER, 2024

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P.C. :-

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. The learned Advocate for the parties state that, settlement is not possible. Further, the learned Advocate for the Petitioner states that, the Petitioner would deposit the balance amount of Rs.4,50,000/- on or before 31^st December, 2024, as compliance of the Order of Suspension of the Petitioner’s sentence, under Section 389 of Cr.P.C. in Criminal Appeal No.773/2023.

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1. Said statement is accepted as an undertaking to this Court.

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Learned Advocate for the Respondent No.1 seeks permission to withdraw the entire amount of Rs.8,00,000/- i.e. Rs.3,50,000/deposited earlier vide Order dated 18^th October, 2024 and Rs.4,50,000/-

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Manoj 903-WP-6025-2024.doc

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that would be deposited as directed above. Learned Advocate for the Petitioner has no objection for the same. Hence, Respondent No.1 is at liberty to file necessary Application before the Appellate Court, seeking withdrawal of the entire amount. It is for the Appellate Court to pass necessary directions for refund of the said amount depending upon the outcome of the Appeal.

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Ad-interim relief granted earlier, shall continue to operate till the next date subject to depositing Rs.4,50,000/- as stated above failing which the interim relief shall stand automatically vacated, without further reference to the Court.

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Stand over to 22^nd January, 2025 .

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(SHYAM C. CHANDAK, J.)

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Vilas Chandrakant Gaokar v. Kumarpal Hastimal Kothari and Anr.

Case brief

What is this about?

What did the court decide?

Vilas Chandrakant Gaokar v. Kumarpal Hastimal Kothari and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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