1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3058/2009 Ms. Gwalior Distillers Ltd. thr. Chairman and ors. ..vs.. M/s. Vaishnavi Sugar (I) Ltd. & anr. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Bhattad, Advocate for applicant. Mr. Kale, A.P.P. for non applicant no.2. CORAM:- R. Y. GANOO, J. DATED :- 6 th October,2009 1. Heard learned Advocates for both the sides. 2. Learned Advocate Mr. Bhattad informed this Court that order issuing process has been challenged by the applicants before learned Additional Sessions Judge, Akola and the said revision has been admitted and further proceedings before the trial Court are stayed. 3. The applicants herein had filed an application for permanent exemption. That application was rejected by learned Judicial Magistrate First Class Court No.9, Akola before whom Regular Criminal Case No. 104/2007 is pending. Against that order, the applicants had filed Criminal Revision Application No. 78/2009. That revision came to be dismissed as not maintainable by judgment 2 and order dated 20.04.2009. Against these two orders, this application is filed. 4. Now, that order of issuing process is challenged in the revisional Court and further proceedings before the learned Judicial Magistrate First Class, Akola are stayed. At this stage, in my view, it would be appropriate to permit the present applicants to file an application for permanent exemption, if at all the process issued by learned Judicial Magistrate is maintained at the stage of final disposal of revision. 5. In view of this, the present Criminal Application can be disposed of by passing following order. (a) The applicants are permitted to file an application for permanent exemption, as has been done in the present case, if at all in future the order issuing process is maintained against the applicants. (b) The order passed by learned Judicial Magistrate First Class Court No.9, Akola as well as learned Additional Sessions Judge, Akola impugned in the present application shall not come in the way of the applicants to file an 3 application for permanent exemption as mentioned aforesaid. (c) No views are expressed on merits of the matter as regards grant of permanent exemption. The application stands disposed of accordingly. JUDGE kahale