1 APPP316_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 316 OF 2011 IN CRIMINAL APPLICATION NO. 640 OF 2009 Ramesh S. Seth and another ... Applicants Versus M/s. Mantri Credit and Co-op. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 317 OF 2011 IN CRIMINAL APPLICATION NO. 641 OF 2009 Ramesh S. Seth and another ... Applicants Versus M/s. Mantri Credit and Co-op. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 332 OF 2011 IN CRIMINAL APPLICATION NO. 642 OF 2009 S. P. Builders and others ... Applicants Versus M/s. Anjir Properties Pvt. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 328 OF 2011 IN CRIMINAL APPLICATION NO. 643 OF 2009 Ramesh S. Seth and another ... Applicants Versus M/s. Mantri Credit and Co-op. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 333 OF 2011 IN CRIMINAL APPLICATION NO. 644 OF 2009 S. P. Builders and others ... Applicants Versus M/s. Anjir Properties Pvt. Ltd. and another ... Respondents 2 APPP316_11 WITH CRIMINAL APPLICATION NO. 326 OF 2011 IN CRIMINAL APPLICATION NO. 645 OF 2009 Ramesh S. Seth and another ... Applicants Versus M/s. Mantri Credit and Co-op. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 327 OF 2011 IN CRIMINAL APPLICATION NO. 646 OF 2009 S. P. Builders and others ... Applicants Versus M/s. Anjir Properties Pvt. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 325 OF 2011 IN CRIMINAL APPLICATION NO. 647 OF 2009 M/s. G. K. Builders and others ... Applicants Versus Mantri Capital Services Limited and another... Respondents WITH CRIMINAL APPLICATION NO. 318 OF 2011 IN CRIMINAL APPLICATION NO. 648 OF 2009 M/s. G. K. Builders and others ... Applicants Versus Mantri Capital Services Limited and another... Respondents WITH CRIMINAL APPLICATION NO. 319 OF 2011 IN CRIMINAL APPLICATION NO. 649 OF 2009 Ramesh S. Seth and another ... Applicants Versus State of Maharashtra and another ... Respondents WITH 3 APPP316_11 CRIMINAL APPLICATION NO. 330 OF 2011 IN CRIMINAL APPLICATION NO. 676 OF 2009 M/s. G. K. Builders and others ... Applicants Versus Global Infrastructures and Technologies Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 331 OF 2011 IN CRIMINAL APPLICATION NO. 678 OF 2009 M/s. G. K. Builders and others ... Applicants Versus Global Infrastructures and Technologies Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 324 OF 2011 IN CRIMINAL APPLICATION NO. 680 OF 2009 S. P. Builders and others ... Applicants Versus M/s. Anjir Properties Pvt. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 323 OF 2011 IN CRIMINAL APPLICATION NO. 682 OF 2009 S. P. Builders and others ... Applicants Versus M/s. Anjir Properties Pvt. Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 322 OF 2011 IN CRIMINAL APPLICATION NO. 683OF 2009 M/s. G. K. Builders and others ... Applicants Versus Global Infrastructures and Technologies Ltd. and another ... Respondents WITH 4 APPP316_11 CRIMINAL APPLICATION NO. 321 OF 2011 IN CRIMINAL APPLICATION NO. 684 OF 2009 M/s. G. K. Builders and others ... Applicants Versus Global Infrastructures and Technologies Ltd. and another ... Respondents WITH CRIMINAL APPLICATION NO. 329 OF 2011 IN CRIMINAL APPLICATION NO. 685 OF 2009 M/s. G. K. Builders and others ... Applicants Versus Mantri Capital Services Limited and another... Respondents Mr. A. K. Chavan, Advocate for Applicants. Mr. Uday Warunjikar, Advocate i/b. PRS Legal for the Respondent No.2. Mr. D. R. More, APP for the State. CORAM : B. R. GAVAI, J. WEDNESDAY, JULY 06, 2011 P. C. : The applicants have applied to this Court for extension of period for depositing the amount as was directed by this Court vide order dated 2nd May 2011 in a bunch of Criminal Application Nos. 640 to 549 of 2009, 676, 678, 680, 682 to 685 of 2009. 2. Vide the said order, the applicants were granted time till 5th July 2011 for making payment of Rs. 45,00,000/- by way of last chance. 3. It is submitted on behalf of the applicants that the payment could not be made within the stipulated time, as the applicant's father was indisposed and taking treatment in Rajasthan. 4. The application is vehemently opposed by Mr. Warunjikar. An undertaking has been filed on behalf of the applicant No.1 that, in 5 APPP316_11 addition to the amount of Rs. 45,00,000/- which is due and payable to the respondents as per the settlement arrived at earlier, the applicant is also willing to pay an additional amount of Rs. 5,00,000/- so as to compensate the respondent-complainant. It has been undertaken that the said amount shall be paid within a period of two months from today. He has further undertaken that in case of default in making the payment to the respondent No.1, the stay granted by this Hon'ble Court to the applicants shall stand vacated. The undertaking given by the applicant is treated as an undertaking given on behalf of the applicant No. 1 so also by applicant No.2. The said undertaking is taken on record and marked 'X' for identification. 5. In that view of the matter, an application is allowed on the following terms: (I) that the applicants shall pay the amount of Rs. 45,00,000/- along with Rs. 5,00,000 i.e. total Rs. 50,00,000/-, in any event, within a period of two months from today; (ii) it is made clear that no further application for extension of period shall be entertained by this Court; (iii) that in the event, the applicants fail to make the payment, the protection to which the applicants were entitled, on the basis of the consent terms recorded by this Court, would stand automatically recalled. This will be in addition to the consequences that the applicants would be held liable for breach of undertaking to this Court. (B. R. GAVAI, J)