VED PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal filed under Sec. 11 of The Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (for short 'MPID' Act), is seeking an exception to an Order passed on 18/1/2024, by the learned Special/Designated Judge and Additional Sessions Judge, City Civil and Sessions Court, Mumbai (for short the 'Special Judge') thereby rejecting the Miscellaneous Application No.1336 of 2023 filed by Appellant in MPID Special Case No.36 of 2000 (for short 'the Case No.36/2000). Interim Application No.852 of 2024 is for permission to intervene in the Appeal. Both the Appeal and the Interim Application have the same Respondents.

(2.) The central and solitary issue involved in the Appeal and the Interim Application is common as the same is arising out of the same set of facts, the same impugned Order and relates to the same subject property. We, therefore, deem it appropriate to decide the Appeal and the Interim Application by this common Judgment.

(3.) Heard Mr. Subhash Jha, learned counsel for the Appellant, Mrs. A.A. Takalkar, learned A.P.P. for the State and Mr. V.S. Kapse, learned counsel for the Applicant. Perused the record. Additionally, we have also perused the records of Criminal Appeal Nos.1127 of 2018 and 1323 of 2018, as the parties have referred and relied on the common Judgment of this Court delivered in those Appeals which dealt with the legality or otherwise of certain Orders previously passed by the learned Special Judge concerning the auction proceedings of the same subject property.