Interim Order 2

Order Details: Order Below EX 1
Pdf Text: 1 C.C.NO. : 168/SS/2020
Exh.12
MHMM180025662020
C.C.NO. : 168/SS/2020
Vandana Rohera Vs. Amit
Amarchand Narang
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION AT EXH.12
1. This is an application to expedite the trial filed by the
complainant.
2. It is contended on behalf of the complainant that the
complainant is senior citizen. The accused is evading the process of the
court for delaying the matter. Hence, this application.
3. Advocate for the accused objected the application.
According to him son of the complainant is dealing with the matter as
Power of Attorney Holder. Therefore, question does not arise to give
sympathy on the ground of senior citizen. He further submitted that
number of old matters of the year 2003, 2007, 2009 etc. are pending in
this court. The application is moved only to harass the accused etc.
accordingly, prayed for rejecting the same.
4. Heard Advocate Prakash Rohera, son of the complainant Vis
avis Power of Attorney Holder. I have also heard Advocate N.V. Gupta
for the accused.
5. On hearing both sides, it apprises that the advocate for
accused is fair about finishing the trial as early as possible. He has also
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2 C.C.NO. : 168/SS/2020
Exh.12
fairly submitted to cooperate this court to finish the trial within specific
period if ordered by the court. So far as pendency of the court is
concerned, as on date this court is dealing with more than 7000 files. It
is told that the matter of the year 2003, 2007, 2009 onwards are
pending for final adjudication for various reasons. But that can not be
the ground for delaying hearing of each and every trial. The advocate
for accused has shown his bonafide to cooperate the court to finish the
trial as early as possible. The Act mandate to finish the trial that is
hearing of the case within six months. In the facts and circumstances
looking into pendancy of cases, I passed following order.
O R D E R
1) The trial is expedited.
2) Both parties and their Ld. Counsels to cooperate
this court to finish the trial within the period of
one year from today, instead of giving
adjournment applications or exemption
applications for futile reasons.
3) The accused to remain present on next date for
recording plea.
4) The complainant shall remain present on next
date.
5) The parties to take note that further dates will be
granted in 15 days intervals only.
6) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 15.06.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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