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2021 Supreme(Bom) 1622
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J. Jamadar, J.
Rohan Raosaheb Londhe - Appellant
Versus
State Of Maharashtra & Anr. - Respondents
Anticipatory Bail Application No. 2412 of 2019
Decided On : 18-12-2021
Important Points
Subject
Civil Law - Affidavits and Evidence
Headnote
Affidavit - Failure to File Affidavit - The court refused to grant further indulgence to the applicant due to their failure to file a satisfactory affidavit, resulting in the vacation of the ad-interim relief.
Fact of the Case:
The applicant failed to file a satisfactory affidavit as per the court's order, leading to the vacation of ad-interim relief.
Finding of the Court:
The court refused to grant further indulgence to the applicant and vacated the ad-interim relief.
Issues: Failure to file affidavit as per court order.
Ratio Decidendi: The court found that the affidavit tendered by the applicant was not satisfactory and refused to grant further indulgence.
Final Decision: The ad-interim relief granted by the court was vacated, and the application was listed for a later date.
A. Mishra, Advocate, S. H. Yadav, Advocate, Chaudhary, Advocate
JUDGMENT
N. J. Jamadar, J. - Heard Ms. A. Mishra, the learned counsel for the applicant.
2. The learned counsel informs the Court that the applicant is not in a position to file affidavit today.
3. By an order dated 27th November, 2021, this Court had recorded that the applicant had not filed an additional affidavit in terms of order dated 4th September, 2021. The averments in the affidavit which was tendered on 27th November, 2021 were not worth the paper on which they were typed.
4. In the circumstances of the case, no further indulgence can be granted to the applicant.
5. The ad-interim relief granted by this Court by order dated 26th November, 2019 stands vacated.
6. The application be listed on 10th January, 2022 at 4.30 p.m.
