Uday S/O Chandrashekhar Balapure vs Kuber Corporation a Partnership Fir Thr Its Partner Satynarayan Gokulchandji Zawar — Bombay HC (2025) — LawSathi Research

Uday S/O Chandrashekhar Balapure vs Kuber Corporation a Partnership Fir Thr Its Partner Satynarayan Gokulchandji Zawar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim relief in terms of prayer clause (C): stay and abeyance of the orders dated 18.10.2025 (Exhibit 38) and 20.10.2025 (Exhibit 41) of S.C.C. No.1204/2023, conditional upon the accused appearing on 21/11/2025 (automatic vacation otherwise); notice to the respondent returnable on 03/12/2025. Final adjudication of the petition deferred.

Issue for consideration

Whether the orders dated 18/10/2025 and 20/10/2025 — issuance of a bailable warrant against the petitioner and rejection of cancellation of the warrant, both in S.C.C. No.1204/2023 — call for interference by this Court.

Court's answer

Ad-interim relief is granted in terms of prayer clause (C), i.e., execution and implementation of the orders dated 18.10.2025 (Exhibit 38) and 20.10.2025 (Exhibit 41) — issuance of the bailable warrant and rejection of its cancellation — are stayed and kept in abeyance pending hearing and final disposal of the petition.

Ratio / Principle

In view of the petitioner's undertaking (through counsel) to appear before the Court on 21/11/2025, notice is issued to the respondent, returnable on 03/12/2025.

Key takeaways

If the accused does not appear before the Court on 21/11/2025, the ad-interim relief granted shall stand automatically vacated.ratio¶21

Detailed headnote1 paragraphs

Criminal Writ Petition No. 888 of 2025 (Bombay High Court, Nagpur Bench; M.M. Nerlikar, J.; 11.11.2025) — Uday s/o Chandrashekhar Balapure v. Kuber Corporation. The petitioner challenges two orders passed in S.C.C. No.1204/2023 at Akola: the order dated 18.10.2025 (Exhibit 38) issuing a bailable warrant against him and the order dated 20.10.2025 (Exhibit 41) rejecting cancellation of the warrant. The judgment narrates issuance by the Chief Judicial Magistrate, Akola, following a complainant's application for a non-bailable warrant; the quoted prayer clause attributes both challenged orders to the Judicial Magistrate First Class, Akola. On the petitioner's undertaking to appear on 21/11/2025, the Court issued notice to the respondent, returnable 03/12/2025, and granted ad-interim relief in terms of prayer clause (C), staying execution and implementation of both orders, which is to stand automatically vacated if the accused does not appear on 21/11/2025. Merits left open.

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21-Cr.WP-888-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

CRIMINAL WRIT PETITION NO. 888 OF 2025

Uday s/o Chandrashekhar Balapure

-- VERSUS --

Kuber Corporation

Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Mr. Uday S. Malate, Advocate (Through V.C.) for the Petitioner.

CORAM : M.M. NERLIKAR, J.

DATE : NOVEMBER 11, 2025.

Heard.

On 18/10/2025 complainant filed application for issuance of non-bailable warrant as the accused was not present. Accordingly, on 18/10/2025 as the accused was not present, the learned Chief Judicial Magistrate, Akola, by its order dated 18/10/2025 issued bailable warrant against the accused.

Thereafter, the application was moved by the counsel for the accused on 20/10/2025, requesting that the bailable warrant issued on 18/10/2025 be cancelled. However, by an order dated 20/10/2025, the said application was rejected on the ground that no case was made out for

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21-Cr.WP-888-2025

cancellation of the warrant. Both these orders are under challenge in this petition.

The learned counsel for the petitioner submits that he undertakes to appear before the Court on 21/11/2025. In this view of the matter, issue notice to the respondent, returnable on 03/12/2025.

Meanwhile, there shall be ad-interim relief in terms of prayer clause (C). Prayer clause (C) reads thus:-

“16.(C) Pending hearing & Final disposal of the present petition, the execution & implementation of the orders dated 18.10.2025 below Exhibit 38 & order dated 20.10.2025 below Exhibit 41, passed by Learned Judicial Magistrate First Class, Akola, in S.C.C. No.1204/2023 for issuance of bailable warrant against the petitioner & rejection of cancellation of Warrant may kindly be stayed & be kept in abeyance.”

It is also made clear that, in case, the accused does not appear before the Court on 21/11/2025, the ad-interim relief granted by this Court shall stand automatically vacated.

Piyush Mahajan