2. The respondents themselves were served as the afdavit of
service shows on 1st October 2019. The afdavit of service dated
8th November 2019 is taken on record. The reason I note this is
because I have the usual request by Mr Shinde for an adjournment
to take instructions. What the respondents have been doing since 1st

Page 1 of 9
2nd December 2019

::: Uploaded on – 03/12/2019 ::: Downloaded on – 03/12/2019 23:45:51 :::
6-CARBP1315-19.DOC

October 2019 is wholly unexplained. Some limited protection is
necessary. My reasons follow.

2. The petition is under Section 9 of the Arbitration and
Conciliation Act 1996. The 1st respondent is a company that
manufactures conductors, cables, transmission towers and
transformers. It also undertakes projects for power infrastructure.
The 2nd respondent is another private limited company in a similar
business. Respondents Nos. 3 and 4 are the directors of the
respondents Nos. 1 and 2 and have given personal guarantees as set
out below.

Page 1 of 6

2nd December 2019

::: Uploaded on – 03/12/2019 ::: Downloaded on – 03/12/2019 23:46:07 :::
8-CARBP1430-19.DOC

2. Shortly stated, the dispute revolves around a Deed of Family
Settlement (“DFS”)or arrangement of 11th September 2013, and,
for our present purposes, specifcally relates to the equity to be
taken up by the present petitioners in the sixth respondent Man
Industries (India) Limited (“MIIL”). The prayers in the petition
read thus:

Page 1 of 6

2nd December 2019

::: Uploaded on – 03/12/2019 ::: Downloaded on – 03/12/2019 23:46:31 :::
11-CARBPL1189-19.DOC

“a. Pending the execution of the Interim Final Award
and the Award in favour of the Petitioners, this Hon’ble
Court be pleased to order and direct Respondent Nos. 1 to 5
to jointly and / or severally, transfer 60,00,000 (Sixty Lacs)
equity shares of Man Industries Ltd. to the credit of a
DEMAT Account with/ to be opened by the Prothonotary
& Senior Master, High Court, Bombay, in the present
proceedings;

1 On 13-8-2019, respondent (original plaintiff) mentioned the

matter at 11.00 a.m. without notice to petitioner (original defendant) and

sought an extension for serving the writ of summons by four weeks. The

following order came to be passed:-

“1.Mentioned not on board.

2. Time to serve summons extended by 4 weeks. Registry to suitably
extend the returnable date.”

2 Against this order, petitioner (original defendant) has filed a

review petition. It is the case of petitioner that suit had stood dismissed for

the 4th time in view of the self operating order dated 6-2-2019 passed by the

Prothonotary and Senior Master, High Court, Bombay, and therefore,

Meera Jadhav

::: Uploaded on – 03/12/2019 ::: Downloaded on – 03/12/2019 23:45:14 :::
2/6 rpcdl-44-19(6).doc

plaintiff’s have played a trick on the court and snatched the order dated 13-

8-2019 by suppressing that the suit had got dismissed by order of 6-2-2019.

Of course, plaintiff has denied all this.

“The complainant and advocate absent, when called out. Accused No.2
present with Advocate. The complainant has not taken any step since long
time, hence the complaint is dismissed and accused are acquitted u/sec. 138
of N. I. Act.”

2 With the assistance of Ms Rane for appellant and the APP – Ms.

Malhotra , I have perused the appeal papers and records and proceedings.

Meera Jadhav

::: Uploaded on – 03/12/2019 ::: Downloaded on – 03/12/2019 23:04:31 :::
2/5 apeal-1340-02(205).doc

3 Admittedly in this case, process, i.e., summons, has been issued

and even plea has been recorded.

4 Section 256 of the Code of Criminal Procedure reads as under :

256. Non- appearance or death of complainant.

order dated 28.06.2004 passed by the Revisional Authority under the
Maharashtra Co-operative Societies Act, 1960.

2] Kapol Co-operative Bank sought recovery of
₹ 64,76,349/- by filing an application under Section 101 of the
Maharashtra Co-operative Societies Act before the Assistant Registrar,
Co-operative. In the said application M/s. Devansh Pharma Chem.
Loyalka Apartment Co-op. Hsg. Soc. Ltd. was impleaded as
Respondent No.1. Mr. Janak J. Gandhi (HUF) stated to be a
proprietor of the Co-operative Society as Respondent No.2.
Vasantgauri J. Gandhi also as Respondent No.2 and Girish C. Shah as
Respondent No.3. It was pleaded that the Respondent was a member
of the Applicant Bank. It was pleaded that the Respondents had filed
an application for loan. It was pleaded that the Respondent created
equitable mortgage of flat No.3 of the 1 st Respondent society. It was
pleaded that Janak J. Gandhi (HUF), Vasantgauri J. Gandhi and
Girish C. Shah gave personal sureties.

(b) Applicants Dinkar Tulshiram Kharat, Tejrao s/o Sadashiv
Shirsat, Gautam s/o Bhimrao Shirsat, Santosh s/o Bhimrao
Shirsat, Sharad Nagorao Shirsat, and Avinash s/o Seshrao

…..4/-

::: Uploaded on – 02/12/2019 ::: Downloaded on – 03/12/2019 03:46:10 :::

ba1061, 1064, 1065, & 1066.19 14
4

Shirsat, in connection with Crime No.552/2019 registered
with Khadan Police Station, Akola for offences punishable
under Sections 143, 147, 148, 149, 336, 307, 324, 294, and
506 of the Indian Penal Code, be released on bail on their
executing a P.R.Bond in the sum of Rs.10,000/- by each of
them with one solvent surety of the like amount by each of
them.

(b) Applicants Dinkar Tulshiram Kharat, Tejrao s/o Sadashiv
Shirsat, Gautam s/o Bhimrao Shirsat, Santosh s/o Bhimrao
Shirsat, Sharad Nagorao Shirsat, and Avinash s/o Seshrao

…..4/-

::: Uploaded on – 02/12/2019 ::: Downloaded on – 03/12/2019 03:46:13 :::

ba1061, 1064, 1065, & 1066.19 14
4

Shirsat, in connection with Crime No.552/2019 registered
with Khadan Police Station, Akola for offences punishable
under Sections 143, 147, 148, 149, 336, 307, 324, 294, and
506 of the Indian Penal Code, be released on bail on their
executing a P.R.Bond in the sum of Rs.10,000/- by each of
them with one solvent surety of the like amount by each of
them.

(b) Applicants Dinkar Tulshiram Kharat, Tejrao s/o Sadashiv
Shirsat, Gautam s/o Bhimrao Shirsat, Santosh s/o Bhimrao
Shirsat, Sharad Nagorao Shirsat, and Avinash s/o Seshrao

…..4/-

::: Uploaded on – 02/12/2019 ::: Downloaded on – 03/12/2019 03:46:02 :::

ba1061, 1064, 1065, & 1066.19 14
4

Shirsat, in connection with Crime No.552/2019 registered
with Khadan Police Station, Akola for offences punishable
under Sections 143, 147, 148, 149, 336, 307, 324, 294, and
506 of the Indian Penal Code, be released on bail on their
executing a P.R.Bond in the sum of Rs.10,000/- by each of
them with one solvent surety of the like amount by each of
them.

(b) Applicants Dinkar Tulshiram Kharat, Tejrao s/o Sadashiv
Shirsat, Gautam s/o Bhimrao Shirsat, Santosh s/o Bhimrao
Shirsat, Sharad Nagorao Shirsat, and Avinash s/o Seshrao

…..4/-

::: Uploaded on – 02/12/2019 ::: Downloaded on – 03/12/2019 03:46:06 :::

ba1061, 1064, 1065, & 1066.19 14
4

Shirsat, in connection with Crime No.552/2019 registered
with Khadan Police Station, Akola for offences punishable
under Sections 143, 147, 148, 149, 336, 307, 324, 294, and
506 of the Indian Penal Code, be released on bail on their
executing a P.R.Bond in the sum of Rs.10,000/- by each of
them with one solvent surety of the like amount by each of
them.