WPCR/122/2009 of MR. GEORGE BARRETTO Vs ING VYSYA BANK LTD REPRESENTED BY ITS VICE PRESIDENT AND BR. HEAD SHRI RADHAKRISHNA KINI AND ANR. on 30 December 2009

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 122 OF 2009

MR. GEORGE BARRETTO VersusING VYSYA BANK LTD REPRESENTED BY ITS VICE PRESIDENT AND BR. HEAD SHRI RADHAKRISHNA KINI AND ANR.

... Petitioner

... Respondent

Mr. G. Teles, Advocate for the Petitioner.Mr. M.S. Joshi, Advocate for Respondent No.1.Mr. C.A. Ferreira, Public Prosecutor for Respondent No.2.

P.C.:

-Coram:N. A. BRITTO, J.

-Date:30th December, 2009

Heard.

2. The impugned order is hereby set aside, as it was passed withouthearing the petitioner/accused. The Criminal Appeal is restored tofile. Both the parties to appear before the learned AdditionalSessions Judge on 4/01/2010 at 10.00 a.m. The learned AdditionalSessions Judge is directed to dispose of the appeal after hearing boththe parties and in accordance with law.

3. Writ Petition disposed of on the above terms. In the light of thatnothing survives in Criminal Miscellaneous Application No. 375 of2009 which is also disposed of. Authenticated copy be issued.

N. A. BRITTO, J.