ITEM NO.58 COURT NO.12 SECTION II-C S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 94/2023 in
SLP(Crl) No. 2794-2795/2022
MAXWORTH REALTY INDIA LTD. & ANR. Petitioner(s)
VERSUS
M.K. VEERENDRA BABU Respondent(s)
(IA No. 13833/2023 – RECALLING THE COURTS ORDER)
Date : 23-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.S. BOPANNA
HON’BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. Sanjay Parikh, Sr. Adv.
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Karun Sharma, Adv.
Mr. Satvik Parikh, Adv.
For Respondent(s) Mrs. Kiran Suri, Sr. Adv.
Mr. S.J. Amith, Adv.
Ms. Aishwarya Kumar, Adv.
Ms. Vidushi Garg, Adv.
Mr. Krishna Kumar, Adv.
Mr. B. Purushothama Reddy, Adv.
Mr. Purvesh Buttan, Adv.
Dr.(Mrs.) Vipin Gupta, AOR
UPON hearing the counsel the Court made the following
O R D E R
M.A. No. 94/2023 in SLP (Crl.) Nos. 2794-2795/2022 is
filed seeking recalling the order dated 16.01.2023.
At the outset, we note that the said order dated 16.01.2023 was passed since at that stage no material was brought before this Court to indicate that a sum of Rs.22,00,000/- has been deposited before the Court of learned Magistrate. Presently alongwith the application, the copy of the Demand Draft and the order for deposit of the amount before the learned Magistrate on 16.01.2023 is brought on record. In that view, we are of the opinion that the order dated 16.01.2023 passed by this Court disposing of the special leave petition is required to be recalled and special leave petition is to be taken up for consideration.
Having restored the special leave petitions, we have heard learned senior counsel for both the parties and perused the impugned order. The High Court in fact, had approved the action taken by the learned Magistrate wherein Fine Levy Warrant was issued and also Non-bailable Warrant was issued against the petitioners herein since it was only a process of recovering the amount which was imposed as fine.
In such circumstance, we see no error in the order. However taking note that during the pendency of these petitions, the amount as indicated has been deposited by the petitioners, the appropriate course at this stage would be to keep in abeyance the NBW issued for arrest of the petitioners but subject to the condition that the petitioner shall appear before the learned Magistrate on 09.02.2023. On such date the
learned Magistrate may take note of the amount that has been deposited/paid in the meantime and thereafter take a decision on the further proceedings to be conducted in the matter.
Contentions of the parties before the learned Magistrate is kept open. Needless to mention that the learned Magistrate will take note of the proceedings before that court on its own merits and proceed further in accordance with law without reference to any of the observations made herein as an opinion of this court on the merits.
With the above observations and direction the Miscellaneous application and special leave petitions stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
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