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Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (STAMP) NO. 1643 OF 2015 Shri Arjun Yashwant Phalke … Applicant vs. Smt. Samindrabai Dashrath Phalke & ors. … Respondents ….. Mr. G.B. Pawar for the Applicant. None for the Respondents …. CORAM : K.K. TATED, J. DATE : 26TH AUGUST, 2015. P.C.: Heard learned counsel Mr. G.B. Pawar for the applicant. This application is preferred by defendant no.2(d) for condonation of 18 days delay in filing the Second Appeal challenging the decree dated 30/09/2014 passed by the learned District Judge2, Pune in Regular Civil Appeal No. 486 of 2008. Rule. Rule made returnable after 12 weeks. In addition to the regular mode of service, the applicant is permitted to serve the respondents by private notice either by RPAD and/or by hand delivery and to file an affidavit of service. ( K.K. TATED, J. )
Order - Status 8: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (STAMP) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : R.M. JOSHI REGISTRAR (JUDL.II) DATE : 18th November, 2015 Await service for five weeks. REGISTRAR (JUDL.II)
Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (STAMP) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : R.M. JOSHI REGISTRAR (JUDL.II) DATE : 23rd December, 2015 Await service for four weeks. Four weeks time granted to take steps against Respondent Nos. 6 and 8. REGISTRAR (JUDL.II)
Order - Status 12: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Adv. for Appellant present CORAM : R. M. JOSHI REGISTRAR (JUDLII) Date : 20/01/2016 S.O. four (4) weeks time granted to take steps against unserved respondents. The Advocate for Appellant has not taken steps regarding deceased R.No.8 within stipulated time hence C.A. & S.A.St. are stand abated against R.No.8. REGISTRAR (JUDLII)
Order - Status 14: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 17/02/2016 S.O. three (3) weeks to take steps regarding unserved R.No.6 as a last chance. REGISTRAR (JUDLII)
Order - Status 16: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 09/03/2016 S.O. three (3) weeks i.e. 30/03/2016 to take steps regarding Respondent Nos.6, 17 and 20. Notice of R.No.18 is treated as Good service as refused to accept. Sd/ REGISTRAR (JUDLII)
Order - Status 18: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Adv. for Appellant present CORAM : R.M. JOSHI I/c. REGISTRAR (JUDLII) Date : 30/03/2016 Await service for Respondent Nos.17 and 20 for four (4) weeks and to take steps regarding unserved Respondent No.6 as a last chance. Sd/ I/c. REGISTRAR (JUDLII)
Order - Status 19: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 27/04/2016 Adv. for Appellant present S.O. four weeks (excluding Summer Vacation) to take steps regarding unserved R.No.6, failing which C.A. shall stand dismiss against unserved R.No.6, without reference to the Court. sd/ REGISTRAR (JUDLII)
Order - Status 21: FARD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 933 of 2015 In Second Appeal Stamp No. 1643 of 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDL.II) Date : 28/06/2016. Advocate for the Applicant is present. S.O. for three (3) weeks time granted to take steps Resp. No. 19. sd/- REGISTRAR (JUDL-II)
Order - Status 23: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, Court's or Judge's orders Appearances, Court's or directions and Registrar's order None present CORAM: A.N. MARE REGISTRAR (JUDL-II) Date : 19/07/2016 S.O. 3 weeks time granted to take steps regards unserved R.No.9. sd/- REGISTRAR (JUDL-II)
Order - Status 25: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 933 of 2015 In Second Appeal Stamp No. 1643 of 2015 CORAM : A.N. MARE REGISTRAR (JUDL.II) Date : 09/08/2016. Advocate for the Applicant is present. R. No. 9 is already served. Await service for five (5) weeks regarding R. No. 19. sd/- REGISTRAR (JUDL-II)
Order - Status 27: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, Court's or directions and Registrar's order Court's or Judge's orders None present CORAM: A.N. MARE REGISTRAR (JUDL-II) Date : 19/09/2016 Await service for 5 weeks. sd/- REGISTRAR (JUDL-II)
Order - Status 29: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 24/10/2016 None present Await service of R.No.19 for five weeks. Service upon R.No.17 and 20 are duly complied since affidavit of service is filed. sd/ REGISTRAR (JUDLII)
Order - Status 31: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 05/12/2016 None present Await service for five weeks. sd/ REGISTRAR (JUDLII)
Order - Status 33: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 09/01/2017 None present Await service for five weeks. sd/ REGISTRAR (JUDLII)
Order - Status 35: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : R.M. JOSHI I/c. REGISTRAR (JUDLII) Date : 13/02/2017 None present Await service for five weeks. Issue reminder to the concerned Court. sd/ I/c. REGISTRAR (JUDLII)
Order - Status 37: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECONED APPEAL (ST) NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : R.M. JOSHI I/c. REGISTRAR (JUDLII) Date : 20/03/2017 None present Await service for five weeks i.e. 24/04/2017. sd/ I/c. REGISTRAR (JUDLII)
Order - Status 39: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL ST. NO. 1643 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : URMILA JOSHIPHALKE REGISTRAR (JUDLII) Date : 24/04/2017 None present Await service for 6 weeks to R.No.19. sd/ REGISTRAR (JUDLII)
Order - Status 41: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) 1643 OF 2015 Shri Arjun Yashwant Phalke … Applicant / Appellant Versus Smt. Samindrabai Dashrath Phalke and Ors. … Respondents Mr. Govind Pawar for the Applicant / Appellant. None for the Respondents. CORAM : S.J. KATHAWALLA, J. DATED : 1ST JULY, 2017 P.C.: Place the above Civil Application along with Second Appeal on 20th July, 2017, high on board. A copy of this order along with copies of the above Civil Application as well as Second Appeal shall be served by the Advocate for the Applicant / Appellant on Respondent No. 19 by Registered Post / Speed Post A.D. and / or by hand delivery and file an Affidavit proving service. ( S.J.KATHAWALLA, J. )
Order - Status 43: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.933 OF 2015 IN SECOND APPEAL (ST) NO.1643 OF 2015 WITH CIVIL APPLICATION NO.934 OF 2015 Arjun Yashwant Phalke … Applicant versus Samindrabai Dashrath Phalke and Ors. … Respondents Mr. Govind Pawar, for Applicant/Appellant. Mr. Sagar Kursija i/by Mr. T.D.Deshmukh, for Respondent Nos.1, 9 and 10. CORAM: S.J. KATHAWALLA, J. DATE: 20th JULY, 2017 P.C.: The learned Advocate for the Applicant states that though he has sent a Notice on 16th July, 2017 to Respondent No.19, he has till date not received any acknowledgment. In view thereof, stand over to 3rd August, 2017. ( S.J.KATHAWALLA, J. )
Order - Status 45: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN SA NO. 933 OF 2015 In SECOND APPEAL STAMP NO. 1643 OF 2015 Shri. Arjun Yashwant Phalke ....Applicant V/S Smt. Samindraai Dashrath Phalke And Ors. ....Respondent WITH CIVIL APPLICATION IN SA NO. 934 OF 2015 In SECOND APPEAL LODGING NO . 1643 OF 2015 Shri. Arjun Yashwant Phalke ....Applicant V/S Smt. Samindraai Dashrath Phalke And Ors. ....Respondent Govind Pawar For Applicant/Appellent Sagar Kursija i/b T.D.Deshmukh for R.No. 1,9 and 10 CORAM : S.J. KATHAWALLA, J DATE : 3rd August, 2017 P.C. : At the request of the learned Counsel for the Applicant, stand over to 18/08/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 47: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN SA NO. 933 OF 2015 In SECOND APPEAL STAMP NO. 1643 OF 2015 Shri. Arjun Yashwant Phalke ....Applicant V/S Smt. Samindraai Dashrath Phalke And Ors. ....Respondent WITH CIVIL APPLICATION IN SA NO. 934 OF 2015 In SECOND APPEAL LODGING NO . 1643 OF 2015 Shri. Arjun Yashwant Phalke ....Applicant V/S Smt. Samindraai Dashrath Phalke And Ors. ....Respondent Govind Pawar For Applicant None for Respondent CORAM : S.J. KATHAWALLA, J DATE : 18th August, 2017 P.C. : At the request of the learned Counsel for the Applicant, stand over to 08/09/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 51: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 933 OF 2015 IN SECOND APPEAL (ST) NO. 1643 OF 2015 WITH CIVIL APPLICATION NO. 934 OF 2015 Shri. Arjun Yashwant Phalke … Applicant Versus Smt. Samindrabai Dashrath Phalke and others … Respondents Mr.Govind Pawar for the Applicant in both the Civil Applications/Appellant. Mr.Sagar Kursija i/by Mr.T.D. Deshmukh for the Respondent Nos.1, 9 and 10. CORAM : S.J. KATHAWALLA, J. DATED : 8th SEPTEMBER, 2017 P.C.: The Learned Advocate appearing for the Applicant states that the above Civil Application No.933 of 2015 is served on all the Respondents and he undertakes to file an Affidavit proving service in the course of the day. The undertaking is accepted. For the reasons set out in the said Civil Application, the delay of 18 days is condoned in filing of the above Second Appeal. The above Civil Application No.933 of 2015 is accordingly disposed off. Place the above Second Appeal (St) No.1643 of 2015 alongwith Second Appeal No.441 of 2015 for admission on 29.09.2017. ( S.J.KATHAWALLA, J. )
1) Document Filed: Report
Filed By : Shri. Arjun Yashwant Phalke
Advocate: Govind Bajirao Pawar
Filed Document - Date of Receiving - 1: 17/02/2016
Respondent-1: Samindraai Dashrath Phalke
Respondent-2: Ors.
Petitioner-1: Shri. Arjun Yashwant Phalke
1) Document Filed: Vakalatnama
Advocate: Govt.Pleader For R.No.8
Filed Document - Date of Receiving - 1: 01/02/2006
Respondent-1: Purushottam Shripad Deo D/h Shalini Prabhakar Vatgikar
Respondent-2: Ors.
Petitioner-1: Madhao Shripad Deo D/h Laxmibai Madhao Deo
Petitioner-2: Ors.
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 245 OF 2018 Viraj Anand Ubale Indian Inhabitant, Aged – 15years, through his Legal Guardian/Father, Anand Ubale Residing at 510/5, Riddhi Siddhi Apartments, Papnas Wadi Lane, Agast Kranti Marg, Mumbai 400 036. ...Petitioner Vs. 1. Swapna Pradeep Salunkhe Indian inhabitant, Aged – 35 years, residing at 807/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, Agast Kranti Marg, Mumbai 400 036. The State of Maharashtra through the Senior Police Inspector of Gamdevi Police Station, Mumbai ...Respondents Ms. Anandini Fernandes i/by Deepal A. Thakkar, Advocate for the petitioner. …........ Mr. Rajesh R. Shah, Advocate for respondent No.1. Mrs. G.P. Mulekar, A.P.P. State. …........ WITH WRIT PETITION NO. 246 OF 2018 Pradeep Kashinath Salunkhe Indian Inhabitant, Aged – 43 years, residing at 807/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. Mrs. Swapna Pradeep Salunkhe Indian Inhabitant, Aged – 35 years, residing at 807/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. Dipak Prakash Patil Indian Inhabitant, Aged – 33 years, residing at 503/5, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. Suresh Ramchandra Panwalkar Indian Inhabitant, Aged – 48 years, residing at 810/8, Riddhi Siddhi Apartments, Papnas Wadi Lane, August Kranti Marg, Mumbai 400 036. ...Petitioners Vs. Viraj Anand Ubale Indian Inhabitant, Minor, Aged – 15years, through his Legal Guardian/Father Anand Ubale Residing at 510/5, (9) & (10) WP 245-18 & 246-18.doc Riddhi Siddhi Apartments, Papnas Wadi Lane, Agast Kranti Marg, Mumbai 400 036. The State of Maharashtra (Through the Senior Police Inspector of Gamdevi Police Station. Mr. Rajesh R. Shah, Advocate for the petitioners. Ms. Anandini Fernandes i/by Deepal A. Thakkar, Advocate for respondent No.1. …........ Mrs. G.P. Mulekar, A.P.P. State. …........ CORAM : SMT. V.K. TAHILRAMANI ACTING C.J. AND M.S.KARNIK, J. DATE : 23rd JANUARY, 2018. ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, A.C.J.) : Rule. Rule is made returnable forthwith and the matter is heard finally by consent of parties. In Writ Petition No. 245 of 2018 the petitioner, who is 15 years old, through his legal guardian is seeking quashing of C.R.No. 226 of 2016 which is numbered as C.C.No. 256/JW/2017 pending before the Juvenile Justice Board, Dongari, Mumbai. The said case is under Sections 354(A) (1) and 509 of the Indian Penal Code and Section 12 of Protection of Children from Sexual Offences Act, 2012. In the said case Smt. Swapna Salunkhe, who is the mother of the victim girl, has lodged the said FIR wherein it is stated that the petitioner caught hold of the hand of her daughter in the lift and told her that he loves her. In Writ Petition No. 246 of 2018, the petitioner No.1 is Pradeep Salunkhe who is the father of the victim girl in C.R.No.226 of 2016. Petitioner No.1 is the husband of petitioner No.2 Smt. Swapna Salunkhe who is the complainant in C.R.No. 226 of 2016. Petitioner No.3 and petitioner No.4 are the neighbours of Smt. Swapna Salunkhe. The petitioners in Writ Petition No. 246 of 2018 are seeking quashing of C.R.No. 225 of 2016 of Gamdevi Police Station, Mumbai. The said case is numbered as SCST Case No.6 of 2017 and it is pending before the Sessions Court, Mumbai. The said case is under Sections 323, 504, 506 read with 34 of the Indian Penal Code and Sections 3(1) (r) and 3 (1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This FIR has been lodged by the petitioner in Writ Petition No. 245 of 2018 against the petitioner Nos. 1 to 4 in Writ Petition No. 246 of 2018. Heard learned Counsel for the petitioner in Writ Petition No. 245 of 2018, learned Counsel for the petitioners in Writ Petition No. 246 of 2018, learned Counsel for the complainant in both the matters and the learned APP for the State. The accused persons in both the petitions are present before the Court. So also, the complainant in both the matters are present before the Court. Learned Counsel for the respondent/original complainant in both the petitions stated that the cases are cross cases and the matter has been amicably settled between the parties. They have stated that with the help of well wishers and common friends both parties have arrived at an amicable settlement and have resolved all the disputes between them and they have stated that they do not wish to pursue their complaints and the complaints may be quashed. Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that the complainants in both the cases do not want to pursue the case, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, C.R.No. 226 of 2016 and C.R.No. 225 of 2016 and the proceedings relating thereto are quashed. The Writ Petitions are disposed of in above terms. Rule is made absolute in above terms. (M.S.KARNIK, J.) (ACTING CHIEF JUSTICE)
Respondent-1: Viraj Anand Ubale Through His Legal Guardian/father Anand Ubale
Respondent-2: Anr
Petitioner-1: Pradeep Kahsinath Salunkhe
Petitioner-2: Ors
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 207 OF 2021 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO.134 OF 2021 Victim (XYZ) … Intervenor In the matter of :- Zubair Iqbal Dhanani … Applicant Versus The State of Maharashtra … Respondent Mr. S. V. Marwadi i/b. Mr. N. M. Nadar Advocate for the Applicant in Interim Application. Mr. Ashok Mundargi Sr. Advocate i/b. Ms. Sharddha Sawant, Advocate for the Applicant in Anticipatory Bail Application. Ms. Veera Shinde, APP for the Respondent – State. ..… ….. CORAM : PRAKASH D. NAIK, J. DATE : 25th JANUARY, 2021. PER COURT : The main application for anticipatory bail be listed on board along with this application. Stand over to 28th January, 2021. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. (PRAKASH D. NAIK, J.)
Order - Status 13: SATISH RAMCHANDRA SANGAR Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2023.07.18 10:59:43 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 134 OF 2021 Zubair Iqbal Dhanani ...Applicant vs. The State of Maharashtra ...Respondent ALONG WITH INTERIM APPLICATION NO. 207 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO. 134 OF 2021 Victim (XYZ) ...Intervenor vs. In the matter between Zubair Iqbal Dhanani ...Applicant The State of Maharashtra ...Respondent ***** Mr.Hrishikesh Mundargi a/w Ms.Shradha Sawant–Advocate for Applicant. Mr.H.J.Dedhia–APP for Respondent–State. ***** CORAM : S. M. MODAK, J. DATED : 13TH JULY 2023 P. C. : Heard learned Advocate for the Applicant and learned APP. This Court as per the order dated 2nd February, 2021 has granted an interim protection from arrest. It was extended from time to time. In the meantime, the Police have filed a charge-sheet against the present Applicant and others. The relevant papers are filed on behalf of the Applicant. The Police have accepted bail as per the interim order. The submission about filing of charge-sheet was made before this Court on 1st July, 2023. However, necessary papers were not annexed. Today, they are annexed. In view of this, his custodial interrogation is not required. Hence, the order dated 2nd February, 2021 is confirmed. Accordingly, the Application is disposed of. Interim Application is also disposed of. [S. M. MODAK, J.]
1) Document Filed: Vakalatnama
Filed By : Victim (Xyz)
Advocate: Ganesh Krishnaji Sovani
Filed Document - Date of Receiving - 1: 15/11/2021
Respondent-1: The State Of Maharashtra
Petitioner-1: Victim (xyz)
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.675 OF 2012 Shalini Vitthal Gadekar through Next friend namely Shri Sachin Balasaheb Daptare ..Petitioner Versus Smt. Tarabai Vitthal Gadekar & Ors. ....Respondents. Mr. Ganesh M. Mohite holding for Mr. Sachin Kadam, for the petitioner. CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATED : 2 May 2012. P.C. Notice to respondents returnable on 10 May 2012. Respondents shall be served through Advocate's notice. CHIEF JUSTICE (N.M. JAMDAR, J.)
Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 675 OF 2012 Shalini V. Gadekar ... Petitioner V/s. Smt.Tarabai V. Gadekar & Ors. ... Respondents Advocate for Petitioner is present. CORAM : MANGESH S. PATIL REGISTRAR (JUDL.-I) Date : 20th June 2013 Two weeks time granted for payment of Bhatta. If Bhatta paid within two weeks, issue notice to Respondents returnable within six weeks from today. REGISTRAR (JUDL.-I) mvm – R(J-I) -11.06.13
Order - Status 25: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.675 OF 2012 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None present. CORAM : MANGESH S. PATIL REGISTRAR (JUDL.I) Date : 1st August 2013 Two weeks time granted as a last chance for payment of Bhatta. If bhatta is paid within two weeks, issue Notice to Respondents returnable within six weeks from today. REGISTRAR (JUDL.I) mvm – R(J-I) 1/8/2013
Order - Status 27: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 675 OF 2012 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders Advocate for Petitioner is present. CORAM : MANGESH S. PATIL REGISTRAR (JUDL.I) Date : 15 October 2013 Advocate to pay Bhatta within two weeks, failing which Writ Petition shall stand dismissed as against unserved Respondents. If Bhatta is paid within two weeks, issue notice to Respondents returnable within six weeks from today. REGISTRAR (JUDL.I) RJ -I aap/mvm 15/10/2013
Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER MATTERS NOTIFIED AT SR. NOS. 48 TO 60 AND 62 TO 80 ON THE BOARD DATED 20TH JANUARY 2014 CAUSE TITLES AND APPEARANCES AS NOTIFIED CORAM : A. S. OKA & M. S. SONAK, JJ. 20TH JANUARY 2014 P.C.: . The following matters on Balance Board -Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates fixed as per the C.M.I.S. Sr.No. C.M.I.S.Date 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 12/02/14 59, 60, 78, 80 13/02/2014 62, 63, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 14/02/2014 64 21/03/2014 79 08/04/2014 If in any of the above matters, ad interim relief or interim relief is operative till today, the same shall continue to operate till the respective next dates. If ad-interim relief is not granted for a limited period, the said orders will remain unaffected. If there is an extreme urgency, the parties can get the papers produced before the Court.
Order - Status 33: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 675 OF 2012 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders. Registrar's orders. Shri Sachin D. Kadam for the Petitioner. Ms. Saima Ansari i/by Shri R.N. Gite for the Respondent Nos.1 to 4. CORAM : A.S. OKA & M.S. SONAK, JJ DATE : 14TH FEBRUARY 2014 P.C.: . On the oral prayer made by the learned counsel appearing for the Petitioner, we restore the Petition which was dismissed as against Respondent Nos.5 to 13. After having perused the Petition and after having heard the learned counsel appearing for the Petitioner, we find that the Petitioner will have to establish her right in relation to the property in dispute by approaching the Civil Court. The representation made on behalf of the Petitioner which is at ExhibitC to the Petition shows that the civil suits are pending in relation to the property in dispute. By granting liberty to the Petitioner to take out appropriate proceedings, we dispose of the Petition. All contentions on merits are kept open. (M.S. SONAK, J) (A.S.OKA, J)
1) Document Filed: Vakalatnama
Advocate: Rameshwar N. Gite
Filed Document - Date of Receiving - 1: 20/11/2012
Respondent-1: Tarabai Vitthal Gadekar
Respondent-2: Ors
Petitioner-1: Shalini Vitthal Gadekar
Petitioner-2: Through Next Firend Namely
Petitioner-3: Shri. Sachin Balasaheb Daptare
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 658 of 2013 Janardhan Prabhakar Mhatre & anr. Petitioner V/s. The State of Maharashtra & ors. Respondents Mr. Ravindra P. Sankpal, advocate for the petitioner. Mr. S.D. Rairikar, AGP for respondents 1 and 2. Ms. Sarika Padmakar Mhatre for respondent no.3. CORAM : B.R.GAVAI, J. 31st January, 2013. P.C. : No case is made out warranting interference in the concurrent orders. Rejected. (B.R.GAVAI, J.) L.S. Panjwani, P.A.
1) Document Filed: Report
Filed By : Janardhan Prabhakar Mhatre
Filed Document - Date of Receiving - 1: 18/01/2013
2) Document Filed: Vakalatnama
Advocate: Sarika Padmakar Mhatre
Filed Document - Date of Receiving - 2: 18/01/2013
3) Document Filed: Vakalatnama
Advocate: Government Pleader
Filed Document - Date of Receiving - 3: 02/02/2013
Respondent-1: The State Of Maharashtra
Respondent-2: Through Office Of The Collector
Respondent-3: Ors
Petitioner-1: Janardhan Prabhakar Mhatre
Petitioner-2: Ors
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 746 OF 2018 Harichandra Narayan Thakare ....Petitioner V/S The State Of Maharashtra, Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 747 OF 2018 Kachan Ramesh Dhukate And Anr. ....Petitioner V/S The State Of Maharashtra, Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 748 OF 2018 Mrs. Ranjeeta Praful Patil And Anr. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 761 OF 2018 Miss Patil Smita Sarjerao And Anr. ....Petitioner V/S The State Of Maharashtra, Through Secretary And Anr. ....Respondent WITH WRIT PETITION NO. 758 OF 2018 Hitaishi Hitendra Patil And Anr. Petitioner V/S The State Of Maharashtra, Through The Respondent Secretary And Anr. WITH WRIT PETITION NO. 760 OF 2018 Ms. Churi Deepali Bhalchandra And Anr. Petitioner V/S The State Of Maharashtra Through The Respondent Secretary And Ors. WITH WRIT PETITION NO. 757 OF 2018 Shri. Dineash Kamlakar Naik And Anr Petitioner V/S The State Of Maharashtra Through The Respondent Secretary, And Ors. CORAM : B.R. GAVAI & B.P. COLABAWALLA, JJ DATE : 31st January, 2018 P.C. : Due to paucity of time, the matters are adjourned. Ad-interim relief, if any, to continue till then. Stand over to 28/03/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 746 OF 2018 Harichandra Narayan Thakare ....Petitioner V/S The State Of Maharashtra, Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 747 OF 2018 Kachan Ramesh Dhukate And Anr. ....Petitioner V/S The State Of Maharashtra, Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 748 OF 2018 Mrs. Ranjeeta Praful Patil And Anr. ....Petitioner V/S The State Of Maharashtra Through The Secretary And Ors. ....Respondent WITH WRIT PETITION NO. 761 OF 2018 Miss Patil Smita Sarjerao And Anr. ....Petitioner V/S The State Of Maharashtra, Through Secretary And Anr. ....Respondent WITH WRIT PETITION NO. 758 OF 2018 Hitaishi Hitendra Patil And Anr. Petitioner V/S The State Of Maharashtra, Through The Respondent Secretary And Anr. WITH WRIT PETITION NO. 760 OF 2018 Ms. Churi Deepali Bhalchandra And Anr. Petitioner V/S The State Of Maharashtra Through The Respondent Secretary And Ors. WITH WRIT PETITION NO. 757 OF 2018 Shri. Dineash Kamlakar Naik And Anr Petitioner V/S The State Of Maharashtra Through The Respondent Secretary, And Ors. CORAM : B.R. GAVAI & SMT. BHARATI HARISH DANGRE, JJ DATE : 28th February, 2018 P.C. : Due to paucity of time the matter is adjourned. Stand over to 25/04/2018. Ad-interim relief, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11551 OF 2012 Dr. Ansari @ Abdulla Mohammad } Petitioners versus State of Maharashtra and Ors. } Respondents WITH CONNECTED MATTERS AT SR. NOS. 927 TO 1205 ON TODAY'S BOARD AND WRIT PETITION NOS. 13134/2017, 112/2018, 113/2018, 4771/2018, 4772/2018, 4773/2018, 746/2018, 747/2018, 748/2018, 758/2018, 760/2018, 757/2018, 2069/2018, 13322/2017, 13323/2017, 12801/2017, 13325/2017, 14071/2017, 14070/2017, 14066/2017 Mr.N.V.Bandiwadekar for the petitioners. Ms. S. D. Vyas-'B' Panel Counsel with Mr.B. V. Samant-AGP, Mr. V. M. Mali-AGP and Mr. S. B. Kalel-AGP for State. CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ. DATE :- AUGUST 1, 2018 P.C. :- It is stated by the counsel appearing for the petitioners and the learned AGP that out of the matters listed today, a common list of cases referred by the clause (a), namely, "applications seeking approval forwarded by the Management are pending or unattended without any orders" and under the category (d), namely, "the proposals forwarded by the Managements have not been accepted simply because of the ban imposed by GR dated 2nd Jayant Vishwanath Salunke Digitally signed by Jayant Vishwanath Salunke Date: 2018.08.09 16:06:56 +0530 May, 2012", would be provided and the following writ petitions, some of which are not on board are taken on board, can be treated as disposed of in terms of the order passed on 19th July, 2018 in Civil Writ Petition No.10518 of 2016:- WRIT PETITION NOS. 13134/2017, 112/2018, 113/2018, 4771/2018, 4772/2018, 4773/2018746/2018, 747/2018, 748/2018, 758/2018, 760/2018, 757/2018, 2069/2018, 13322/2017, 13323/2017, 12801/2017, 13325/2017, 14071/2017, 14070/2017, 14066/2017 On submission of such common list and signed by both, the petitioners' advocate and the learned AGP, each of these writ petitions as enlisted would stand disposed of. In addition, the following correction shall be made in the order passed on 19th July, 2018 in Writ Petition No. 10518 of 2016:- "In para 4, the date "10th June, 2017 is erroneously mentioned. It shall be read as 10th July, 2017." The time of three months for taking a decision in terms of order passed on 19th July, 2018 in Writ Petition No. 10518 of 2016 shall commence from today. We would expect the competent authority, namely, the Education Officer not to act on the basis that the posts held by the petitioners are vacant and therefore, surplus teachers can be absorbed and should be absorbed by the Management. All such actions initiated shall not be given effect to for a period of four months from today. This direction is issued on the basis of the apprehension expressed by the petitioners' counsel appearing in Writ Petition Nos. 1771 of 2018 and 1779 of 2018 appearing at serial number 1142 on today's board. Let the matters covered by the other category [clause (b)] of para 1 of the order dated 19th July, 2018 passed in Writ Petition No. 10518 of 2016 be listed, at the requested of the counsel, on 30th August, 2018. (SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.)
1) Document Filed: Vakalatnama
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 1: 22/01/2018
Respondent-1: The State Of Maharashtra
Respondent-2: Through The Secretary
Respondent-3: Anr.
Petitioner-1: Hitaishi Hitendra Patil
Petitioner-2: Anr.
1) Document Filed: Vakalatnama
Advocate: Shri M.D. Lonkar
Filed Document - Date of Receiving - 1: 07/02/2001
Respondent-1: R.r.patil
Petitioner-1: The State Of Maharashtra
Petitioner-2: Ors.
Respondent-1: The Municipal Corpn. Of Gr. Bombay
Petitioner-1: Suresh Soma Talsaria
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 500 OF 2015 Jyotsana Kiran kale. ..Applicant. Versus Shravani Santosh Ambekar and Another. ..Respondents. WITH CRIMINAL APPLICATION No. 501 OF 2015 Santosh R. Ambekar & Ors. ..Applicants. Versus Shravani Santosh Ambekar and Another. ..Respondents. Ms. Shivangi J. Rajak for the Applicants. Mr. Mayur D. Sapkale for Respondent No.1. Mr. J. P. Yagnik, learned APP for the State. Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ. Date : June 15, 2015 . P. C. : The Applicants are seeking to quash FIR against them bearing CR No.72 of 2015 registered with Vikroli Police Station at the instance of Respondent No.1 for the offence punishable under sections 498A and 406 read with 34 of the Indian Penal Code, 1860. The Applicants are the accused in the said CR, who have invoked the jurisdiction of this Court under section 482 of the Code of Criminal Procedure, 1973 to quash the said FIR by consent of the original complainant Respondent No.1 herein. Applicant No.1 in APL No. 501 is the husband of Respondent No.1 and rest of the Applicants are his family members. The Applicant in APL is the sister-in-law of Respondent No. 1. Matrimonial disputes between the parties gave rise to the filing of above FIR. The learned Counsel appearing for the respective parties submitted that during the pendency of investigation into above FIR, with the help and intervention of family members, friends and well-wishers, the parties amicably settled their differences by way of mutual settlement. Pursuant to the same, present applications are filed for quashing the above FIR, by consent of Respondent No.1 In the present applications filed under section 482 of the Code of Criminal Procedure, 1973, Respondent No.1 has filed separate affidavits dated 27th May 2015 wherein she has stated that she is not interested in continuing with the said FIR. She has solemnly affirmed that she is withdrawing all the allegations made against the Petitioner in the said FIR and that she has no objection for quashing the proceedings of FIR bearing No. 72 of 2015 registered by her with Vikhroli Police Station against the Applicants. Respondent No.1 is personally present before the Court. On specific query made by us, she submitted that she has made the said affidavits on her own free will, without there being any pressure or undue influence. She has further confirmed that she has no objection for quashing the FIR in question lodged by her against the Applicants for the offence punishable under sections 498A and 406 read with of the Indian Penal Code, 1860. The Apex Court in B. S. Joshi vs. State of Haryana reported [AIR 2003 SC 1386] has held that in the event of settlement of matrimonial dispute, the FIR under Section 498A can be quashed, even though the said offence is not compoundable in terms of Section 320 of the Cr.P.C. The relevant observations of the Apex Court are contained in Paras 14 and 15 which are reproduced herein below: "14. There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code." Similar view has been taken by the Full Bench of this Court in Abasaheb Yadav Honmane vs. State of Maharashtra [2008(5) LJ.Soft 46]. It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. There is no element of public law involved in the crime. The offence alleged cannot be said to have any impact on the society. In these circumstances, and especially, in view of the law laid down by the Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, [(2008) 4 SCC 582], we find that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. In the light of the principles laid down by the Apex Court in the aforesaid decision as well as in the case of Narinder Singh vs. State of Punjab [2014 AIR SCW 2065] we are of the considered view that there is no impediment in quashing the FIR in question. In the circumstances, applications are allowed in terms of prayer clause (b). The learned Counsel appearing for Respondent No.1 sought directions to the police to return the jewellery recovered or attached by the police during the course of investigation into above FIR. The learned Counsel appearing for the Applicants in both the applications, after taking instructions from her clients, states that the Applicants have no objection for return of the said jewellery to Respondent No.1. Respondent No.1 shall make a proper application to the police for return of jewellery. Upon such application, police will take appropriate decision within a week of its filing. [SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]
1) Document Filed: Vakalatnama
Advocate: Mayur D. Sapkale
Filed Document - Date of Receiving - 1: 15/06/2015
Respondent-1: Shravani Santosh Ambekar
Respondent-2: Anr
Petitioner-1: Jyotsana Kiran Kale