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2013 Supreme(Bom) 2593

S.C.DHARMADHIKARI, G.S.PATEL
Imperial Exim (India) Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared
For the Petitioner:P.K. Dhakephalkar, Senior Advocate with Srivastav, Zaid Ansari , Ms. S.T. Shaikh i/b. M/s. S.K. Srivastav and Co. Advocates.
For the Respondents:Mrs. A.S. Pai, APP, R3 & R4, Sharan Jagtiani, S.U. Mehta i/b. Malvi Ranchoddas & Co., Advocates.

JUDGMENT

Dharmadhikari, J.

These two petitions involve challenge to the same order and common arguments were, therefore, canvassed. They were heard together and are being disposed of by this common judgment.

2. In the light of the earlier orders of the Division Bench, particularly, that the petitions have to be disposed of at the stage of admission itself, we grant Rule in each of these petitions and with the consent of Advocates appearing for parties, dispose them off finally by this common judgment.

3. In Criminal Writ Petition No.1435/2011, the petitioner is a private limited company incorporated under the Indian Companies Act, 1956 having its registered office at the address mentioned in the cause title. It impugns an order dated 31st March 2011 passed by the Appellate Tribunal for Forfeited property, New Delhi Camp at Mumbai.

4. By this order, the Appellate Tribunal has disposed of two appeals. As far as the petitioner's appeal is concerned, it is dismissed. The appeal preferred by the respondent Nos.3 and 4 in companion writ petition being Writ Petition No.121 of 2012 has been partly allowed.

5. The facts leading to filing of these petitions can be briefly summarised as under:-

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