1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 766 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R. Satyanarayanan for the petitioners. None for respondent no.2. Mr. S.N. Gawade, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 18TH DECEMBER 2009 P.C. : 1. Heard learned counsel for the petitioners and the learned A.P.P. for the State. 2. On 6th July 2009, this Court passed the following order: "1. The service report is tendered today which shows that the 2nd respondent has accepted service. None appears for the 2 2nd respondent. Prima facie, it appears to me that the impugned order dated 31st July 2008 is erroneous and the learned Magistrate will have to consider the application made by the petitioners in accordance with the law laid down by this court in the case of Geeta Marine Services Pvt.Ltd & anr vs State & anr (2009 All MR (Cri) 672.). If the 2nd respondent had appeared, the application could have been sent back for reconsideration of the application. 2. None is appearing for the 2nd respondent. Rule. Rule on interim relief made returnable on 13th August, 2009. Ad-interim relief granted earlier to continue till 18th August, 2009. " Thereafter, the respondent no.2 was served and has appeared through an advocate. However, the respondent no.2 is absent when called. 3 3. In my view, the impugned order passed by the learned Magistrate and confirmed by the Sessions Court needs to be set aside with a direction to decide the application afresh in the light of the law laid down by this Court in the case of Geeta Marine Services Pvt. Ltd. v. State & Anr., 2009 All M.R. (Cri.) 672. Accordingly, the writ petition is allowed and the impugned order passed by the learned Magistrate and confirmed by the Sessions Court is set aside and the matter is remanded back to the learned Magistrate to hear and decide the application made by the petitioner on 5th April 2007 afresh in the light of the law laid down by this Court in the case of Geeta Marine Services Pvt. Ltd. v. State & Anr. (supra). (D.G. KARNIK, J.)