Kasturi Mukherjee vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Kasturi Mukherjee vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 136 days in filing the Interim Application condoned subject to payment of cost of Rs.5,000/- to the Kirtikar Law Library, High Court, Mumbai, within one week from uploading of the Order (accepted as an undertaking); Interim Application allowed in terms of prayer Clauses (a) and (a-i), the application having sought restoration of Writ Petition No. 2283 of 2023.

Issue for consideration

Whether the delay of 136 days in filing the Interim Application for restoration of Writ Petition No. 2283 of 2023 should be condoned. +1 more

Court's answer

The delay of 136 days in filing the Interim Application is condoned, subject to payment of cost of Rs.5,000/- to the Kirtikar Law Library, High Court, Mumbai, within one week from the date of uploading of the Order, the Applicant's statement having been accepted as an undertaking given to the Court.

Ratio / Principle

The Interim Application is allowed in terms of prayer Clauses (a) and (a-i).

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram: A. S. Gadkari and Rajesh S. Patil, JJ.; Order dated 18th June 2025 in Interim Application No. 2696 of 2024 in Criminal Writ Petition No. 2283 of 2023 (Kasturi Mukherjee v. State of Maharashtra & Ors.). The Applicant sought restoration of the writ petition, which had been dismissed for non-compliance of directions issued by Order dated 14th July 2023, particularly Paragraph No. 2 thereof. The filing of the Interim Application carried a delay of 136 days. Learned Counsel for the Applicant undertook to pay a cost of Rs.5,000/- to the Kirtikar Law Library, High Court, Mumbai, within one week from the date of uploading of the Order on the Official Website of the High Court, Mumbai; the statement was accepted as an undertaking to the Court. Subject to payment of the said cost within the stipulated period, the delay of 136 days was condoned and the Interim Application was allowed in terms of prayer Clauses (a) and (a-i). Bank details for the cost (Bank of India, Mumbai Main Branch, Account Name: Kirtikar Law Library) were recorded in the Order.

Digitally signed KANCHAN by KANCHANVINOD VINOD MAYEKAR MAYEKAR Date:2025.06.23 20:38:24 +0530

KVM 54 - IA 2696-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 2696 OF 2024 IN

CRIMINAL WRIT PETITION NO.2283 OF 2023

Kasturi Mukherjee

...Applicant

V/s.

State of Maharashtra & Ors. ...Respondents

Ms. Divya Parab a/w. Mr.Harshad Garud for Applicant. Mr.Ashish I. Satpute, A.P.P., for Respondent-State.

CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ. DATE : 18^th JUNE, 2025.

P.C.:-

1. This is Interim Application for restoration of Writ Petition No.

2283 of 2023. which was dismissed for non compliance of directions issued

by Order dated 14^th July, 2023, and more particularly Paragraph No. 2 thereof.

1.1) There is delay of 136 days in filing present Application.

1. Learned Counsel for Applicant submits that, for condonation of

the said delay, the Applicant will pay a cost of Rs.5,000/- to the Kirtikar Law Library, High Court, Mumbai within a period of one week from the date of uploading of the present Order on the Official Website of High

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KVM 54 - IA 2696-2024.doc

Court, Mumbai. The said statement is accepted as an undertaking given to

this Court.

The details of the bank Account for payment of cost are as

under:-

	Bank Name	:-	Bank of India
	Branch Name	:-	Mumbai Main Branch
	Account Name	:-	Kirtikar Law Library
	Account Number	:-	000110110012632
	IFSC Code	:-	BKID0000001
	MICR Code	:-	40001307
4)	Subject to paym	ent	of afore-noted cost within aforestated

stipulated period, delay is condoned. The Application is allowed in terms of prayer Clauses (a) and (a-i).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.)

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