Bfil Finance Ltd v. Official Liquidator And ORS

1/2 42-appln.66.2013 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.66 OF 2013 IN CRIMINAL APPLICATION FOR LEAVE TO APPEAL NO . OF 2013 BFIL Finance Limited ...Applicant

Versus

Official Liquidator and Ors.

...Respondents

Ms.C.Bocarro i/b Mulla & Mulla. for the Applicant Ms.R.V.Newton, A.P.P for the Respondent-State Ms.Arti Bhoir, for Respondent Nos.3 and 4.

CORAM : REVATI MOHITE DERE, J.

DATE : 24th JUNE, 2016 P.C:- 1.

Heard learned counsel for the applicant and learned counsel for the respondent nos.3 and 4.

2.

By this application, the Applicant seeks condonation of delay of 2949 days in filing Criminal Application for leave to file Appeal. 3.

Learned Counsel for the applicant submits that the delay is not

2/2 42-appln.66.2013 deliberate or intentionally but purely technical. She submitted that the applicant was pursuing a wrong remedy inasmuch as, they had filed Criminal Revision Application in the Sessions Court, which was pending for quite some time in the Sessions Court, instead of filing an application seeking leave to file Appeal in this Court. 4.

Learned Counsel for the respondent nos.3 and 4 states that if the delay is condoned, costs be imposed on the applicant. 5.

Accordingly, for the reasons set out in the application, the delay is condoned. Application is allowed and disposed of as such. 6.

Costs of Rs.2,000/- shall be paid by the applicant to the respondent nos.3 and 4, on or before 8th July, 2016. 7.

Criminal Application for leave to file Appeal be numbered and listed for 'admission' on 8th July, 2016.

REVATI MOHITE DERE, J.