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BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
M/s. J.B.D. Finance and Investment Ltd. – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. pending attachment and civil litigation surrounding property. (Para 4 , 5 , 6) |
| 2. question of whether the right to seek property release under cr.p.c. can be exercised after two years. (Para 10 , 11 , 12) |
| 3. importance of justifiable cause for delay in applications for lifting attachment. (Para 13 , 14 , 15 , 16) |
| 4. court's directive to revisit and decide on merits of petitioners’ application. (Para 17 , 18 , 19) |
Judgment : -
1. Rule.
2. Rule made returnable forthwith. Heard, finally with the consent of the parties.
3. These petitions under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, are directed against the order dated 21st November, 2019 (a common order) by which the Petitioners’ application, for release and the restoration of property attached under Section 83 of the Code of Criminal Procedure, 1973, has been rejected by the Metropolitan Magistrate 28th Court at Esplanade Mumbai.
4. Background facts are ;
The Respondent No.2 – M/s Sampark Marketing Advertising Solution Pvt. Ltd. filed complaints under Section 138 of the Negotiable Instruments Act against the Petitioner Company, being Case Nos. CC/447/SS/2005;
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