Full Order Text
Order 1 · 30 Apr 2025 · CNR MHMM180016382022
Order Details: Order Below EX 1 Pdf Text: MHMM180016382022 Summary Cases/5800169/2022 Beacon Trusteeship Ltd. Vs. Nirmal Lifestyle Pvt Ltd IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.15 This is an application for issuing proclamation warrants against accused Nos.2 to 5 on the ground of deliberate concealing presence by the accused to prolong the trial. 2. Perused warrant report forwarded by Senior P. I., Mulund, Police Station. Warrant report shows that accused were not present. They were at outstation and as such the Non Bailable Warrants could not be executed against them. Advocate for complainant vehemently submitted about the delay tactics played by the accused. However, issuing directly proclamation warrant without making attempt of securing their presence by lawful means directly would amount to taking a drastic steps against the accused. The accused have appeared through their advocate, but neither their advocate nor accused have remained present for next dates of hearing. It is more than sufficient to draw an adverse inference on the point of conduct of the accused. However, any how issuing directly proclamation will not justify to secure the presence of the accused. Hence, I pass following order. ORDER 1) Prayer for issuing Proclamation Warrant against accused No.2 to 5 stands rejected. 2) Reissue Non bailable Warrants against accused Nos.2 to 5 to be served through concerned Police Station. -- 1 of 3 -- 2 Summary Cases/5800169/2022 Order below Exh.15 3)Order be uploaded on Court Web Portal for the knowledge of accused and their advocate who are absent today. 4) Order dictated and pronounced in open court. ( M. P. Saraf ) Judicial Magistrate (First Class), Date : 30.04.2025 58th Court, Bandra, Mumbai. J.O.Code: MH01362 -- 2 of 3 -- 3 Summary Cases/5800169/2022 Order below Exh.15 CERTIFICATE I affirm that the contents of this P.D.F. file Order are same, word to word as per the original Order. Name of Stenographer : Mrs. Aditi Ravikiran Dalvi Court : Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. Dictated in open court on : 30.04.2025. Transcribed and Typed on : 30.04.2025. Order printed and Signed on : 30.04.2025. Order Uploaded on : 30.04.2025. -- 3 of 3 --
