IN THE COURT OF M.
M COURT MUMBAI,
AT BANDRA
Summons Cases SW/170/2018
RAJIV D SHAH ____ Complainant
V/s
1. NILESH TOKERLAL SHAH
2. MANJULA TOKERLAL SHAH ______ Accused
APPLICATION ON
BEHALF OF ACCUSED
NO.2 FOR EXEMPTION
OF PERSONAL
PRESENCE IN THE
ABOVE-MENTIONED
CASE.
MAY IT PLEASE YOUR HONOUR-
1. That the above noted matter is pending Before this
Hon’ble Court and fixed for today’s board at Sr. No.____ .
2. That the complainant RAJIV D SHAH has instituted above
noted proceedings.
3. That the complainant has instituted the present proceedings
out of malice, ill will, personal vendetta, grudge and to
teach a lesson to the Present applicant/Accused and entire
proceedings is sheer misused and abused of process of law
and the same has been instituted with ulterior and oblique
motive.
4. That this is to bring to your kind notice that Accused No.
2’s name has been intentionally involved or dragged in the
case to create the pressure.
5. That “Personal appearance of the Accused No.2 who is
aged and having several health issues may not be required
and the Hon’ble court ought to grant exemption from
personal appearance or permit appearance by video
conferencing without adversely affecting the court
proceedings.”
6. That the accused/ applicant No.2 is Mother of the Accused
No.1 and is of old age and is currently residing at
___________ and is suffering from _________ and there a
lot of harassment is caused to her for travelling to this
Hon’ble Court again and again.
7. That the Present applicant/Accused No.2 have no
objection, if the matter is run through the counsel in the
presence of accused no. 1 who is the Son of the Accused
No.2.
8. That no prejudice is going to cause to the Complainant, if
the matter is run in-absentia of the above applicant/
accused.
9. That if the present application is not allowed, then the
Present applicant/Accused No.2 shall suffer irreparable
loss and injury which cannot be compensated in terms of
money and no useful purpose would be served by making
her attend to every court date.
10. That the Present applicant/Accused No.2 shall appear
before this Hon'ble Court as and whenever this Hon'ble
Court direct the Present applicant/Accused No.2 to do so
in the above matter.
11. That the Present applicant/Accused No.2 shall not misuse
and abuse the liberty of concession and privileges
confirmed by this Hon'ble Court.
12. That the applicants are ready to abide by any condition laid
down by this Hon'ble Court.
PRAYER It is, therefore, most respectfully prayed that this
Hon'ble Court may kindly be pleased to:
a. Allow the Present applicant/Accused No.2 be exempted
from personal presence on all dates of the proceedings for
the time being.
b. Pass any other order which this Hon'ble Court deem fit and
proper under the abovesaid facts and circumstances of the
case.
Dated this 24th day of November 2022.
Place: Bandra
Advocate for the Accused Applicant/Accused No.2
