1 OUT TODAY
ITEM NO.30 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION Diary No(s). 40476/2022 IN SLP(Crl) No. No. 10685/2019
DARSHAN BHARAT CHURIWALA & ANR. Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR.ETC. Respondent(s)
IA No. 195633/2022 – APPLICATION FOR PERMISSION
IA No. 195048/2022 – CLARIFICATION/DIRECTION
IA No. 194516/2022 – INTERVENTION/IMPLEADMENT
Date : 02-01-2023 This application was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJAY KISHAN KAUL
HON’BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv.
Mr. Atmaram Nadkarni, Sr. Adv.
Mr. Salvador Santosh Rebello, AOR
Mr. Nikhil Rohatgi, Adv.
Mr. Shashank Khurana, Adv.
Mr. Raghav Sharma, Adv.
Ms. Nidhi Vardhan, Adv.
Mr. Kanishk Arora, Adv.
Mr. Rahul Kapoor, Adv.
Mr. Anand Mishra, AOR
For Respondent(s) Mr. Nitin Lonkar, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Siddharath Dharmadhikari, Adv.
Ms. Sonali Suryawanshi, Adv.
Mr. Bharat Bagla, Adv.
Ms. Kirti Dadheech, Adv.
Mr. Manoj K. Mishra, AOR
Mr. Subhash Jha, Adv.
Mr. Umesh Dubey, Adv.
Mr. Lav Mishra, Adv.
Ms. Kiran Pandey, Adv.
Mr. Alok Pandey, Adv.
Intervener Mr. Anoop Prakash Awasthi, Adv.
Ms. Prapti Singh, Adv.
Mr. Subhash Jha, Adv.
2 UPON hearing the counsel the Court made the following
O R D E R
The only aspect which the learned counsel rightly pleads is the mercy jurisdiction of this Court. The son now wants to pay the debt of the father! The debt amount which was payable was Rs. 6.50 cores as per the order dated 30.09.2019. We have put to learned
senior counsel that even if this full amount which is now being paid, it is belated three years and there may be other consequences which may arise. Learned senior counsel at this stage submits that he is pleading that the applicant is paying a sum of Rs.2 cores 15 lakhs through three demand drafts: IDFC First Bank Draft Nos.192763, 192754 and 192755 (for rupees forty lakh only, rupees one crore fifty lakh only and rupees twenty lakh only respectively)* in the name of Surbhi Sanjiv Sharma. The bank drafts are handed over to learned counsel for respondent without prejudice to his rights. Learned counsel submits that he will make further arrangements to pay the balance amounts by the end of this month and that the original petitioner Vinod Kumar who is in custody for nearly a month and is aged about 65 years may be released on interim bail and if the applicant fails to arrange the money, he may be sent back to custody. We take the aforesaid statement on record.
3 List on 03.02.2023. Mr. Vinod Kumar Madanlal Goyal, original petitioner No.2 is granted interim bail in the meantime. Order dasti today.
[ASHA SUNDRIYAL] [POONAM VAID]
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
* A Copy of demand drafts enclosed.