1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 344 OF 2006 IN CRIMINAL WRIT PETITION NO. 1872 OF 2006 MEHUL JANAK SHAH & ANR. .. APPLICANTS Vs. VIJAY KIRTILAL MEHTA & ANR. .. RESPONDENTS Mr. Nitin Pradhan i/b M.S. Mohite for applicants Mr. Vinod Bobde with Mr. Shirish Gupte, Mr. S.G. Aney, Mr. Chetan Kapadia and Girish Kulkarni for respondent 1 Ms. M.H. Mhatre, APP CORAM:-SMT. RANJANA DESAI, J. DATED:- 8TH DECEMBER, 2006 P.C. . I have heard Mr. Pradhan, learned counsel for the applicants and the learned counsel for the respondents. 2. In the light of the judgments of this court in Suresh Chand Jain v. State of M.P. & Anr., (2001) 2 SCC 628, CREF Finance Ltd. v. Shree Shanthi Homes (P) Ltd. & Anr. (2005) 7 SCC 467 the present application needs to be granted. Hence the application is made absolute in terms of prayer clause (a). 3. Application is disposed of. 2 JUDGE.