HASMUKHBHAI N MAKWANA Vs. CHANDRAKANT SHANTILAL ZAVERI

JUDGEMENT

(1.) The petitioner has preferred the petition challenging the order dated 13.02.2002 as well as the order dated 17.10.2002 passed by the Tribunal, whereby the application to file criminal complaint, is rejected.

(2.) Heard Mr. Raval, learned advocate for Mr. Vyas for the petitioner. The contentions raised on behalf of the petitioner is that, after the conclusion of the proceedings before this Court, application was made and it is not a matter where there is no proper explanation for delay and therefore, the Tribunal ought to have considered the matter for permitting prosecution.

(3.) Having considered the above it appears that the petitioner has lost in the matter before the Tribunal as well as before this Court and even at the time when the Tribunal disposed of the matter as well as this Court finalised the matter, no such prayer for prosecution was made and therefore, after conclusion of the proceedings and after a long time, the present application is made.