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Bombay High Court

KRISHNA KUMAR SADANIversusJHAVERI FLEXO INDIA LIMITED THROUGH ITS COMPANY SECRETARY, MR. ASHISH GUPTA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition may be dismissed for non‑prosecution if the petitioner fails to furnish spare copies within the prescribed period.

Summary

In Criminal Writ Petition No. 3292 of 2016, the petitioner, represented by Mr. Vivek Patil, sought relief against the State. The Court, presided over by Justice Sadhana S. Jadhav, ordered that notices be issued to respondents Nos. 1 to 6 and that service be waived for respondent No. 7, with the notice returnable on 11 July 2017. The petitioner’s counsel was directed to file spare copies of the petition within one week, failing which the petition would stand dismissed for non‑prosecution. The order is procedural, pending compliance by the petitioner. No substantive merits of the petition were addressed in this order.

Issues considered

  • Whether the petition should be dismissed for non‑prosecution if spare copies are not filed within the stipulated time

Subjects

  • civil procedure
  • notice issuance
  • petition dismissal
  • spare copies

Judgment

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                                      FARAD         CONTINUATION SHEET
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE SIDE


                       CRIMINAL WRIT PETITION NO. 3292 OF 2016


      ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
     Office Notes, Office Memoranda of                           Court's or Judge's Orders
     Coram, appearances, Court's Orders
     or directions and Registrar's Orders
                                      Mr. Vivek Patil i/b. Vivek Patil & Associates, advocate
                                      for the Petitioner.
                                      Ms. Anamika Malhotra, APP for State.
                                                                            ­­­


                                               CORAM :SMT. SADHANA S. JADHAV, J
                                               DATE : APRIL 18, 2017
                                               P.C.:­


                                      1        Issue notice to respondent Nos. 1 to 6.
                                      Learned APP waives service for respondent No. 7.
                                      Notice returnable on 11/7/2017.


                                      2        Learned Counsel for the petitioner shall
                                      furnish spare copies within one week, if already not




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            supplied, failing which the petition to stand
            dismissed for non­prosecution.


                       (SMT. SADHANA S. JADHAV, J)

                                      .....




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