(1) CRI. APP. (ST.) 1187.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION (ST.) NO. 1187 OF 2010 IN CRIMINAL WRIT PETITION NO. 574 OF 2009 Gangapur Sahakari Sakhar Karkhana Raghunathnagar, Gangapur .. Applicants VERSUS Vithalrao Shinde Sahakari Sakhar Karkhana Ltd., Gangamainagar and others .. Respondents Mr. S.S. Thombre, Advocate for the applicants Mr. N.B. Suryawanshi, Advocate for the respondent nos. 1 to 22, 24 and 25 ... CORAM : A.V. NIRGUDE, J. DATED : 23RD MARCH, 2010 PER COURT:- 1] This Criminal Application is filed by a party which earlier was not a party to the proceedings. The applicants are the owners of the sugar factory. They had leased out the factory to the petitioners. It is their grievance that the petitioners owe them huge amounts and the proceedings between them are going on before the Arbitrator. However, the Arbitrator has so far not directed the petitioners to pay the alleged dues to the applicants. Despite of this half hearted claim, the present application is moved, not only to become party to the petition, (2) CRI. APP. (ST.) 1187.2010 but also for recalling of the order dated 7.10.209. The real grievance of the applicants is that due to the earlier order dated 7.10.2009 the petitioners are allowed to take away their produce namely sugar molasses etc. out of the sugar factory. The present applicants covertly want to stop the removal of the goods of the petitioners in order to recover their alleged dues, a dispute of which is pending before the Arbitrator. 2] Making this application before getting an order from the Arbitrator for recovery of the amounts due against the petitioners, is premature. Besides, the applicants can never be a party to the Criminal proceedings, which the respondents had started against the petitioners. The Criminal Application, therefore, stands rejected. Sd/- (A.V. NIRGUDE, J.) arp