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Bombay High CourtIA/582/2020allowed

Kishore Dharamdas Ahuja v. Chandru Ramchand Soneji And ANR

2023-02-14Hon'Ble Shri Justice S. M. Modak2 pages

21. IA 582 of 2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 582 OF 2020 IN APPLICATION FOR LEAVE TO APPEAL (ST) NO. 67 OF 2020 Kishore Dharamdas Ahuja ...Applicant vs.

Chandru Ramchand Soneji and Anr.

...Respondents

***** Mr. Gautam T. Kanchanpurkar - Advocate for the Applicant None for the Respondent Mr. Y. Y. Dabke - APP for the State ***** CORAM :

S. M. MODAK, J.

DATE :

14th FEBRUARY, 2023 P. C. :- INTERIM APPLICATION NO. 582 OF 2020 1.

In fact there is a delay of 15 days in preferring an appeal. My attention is invited to an order dated 03/01/2023. The Appellate Court has revered the conviction predominantly for the reason that the complaint is filed at premature stage. In the order dated 03/01/2023, there is no reference that the delay condonation application is pending. That needs to be decided first. 2.

The Respondent No. 1-accused is served and there is by SEEMA KSHITIJ YELKAR Date:

2023.02.16 11:17:38 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

21. IA 582 of 2020.doc appearance, today no one is present. The delay is properly explained in para no. 2. Hence Interim Application is allowed in terms of prayer clause 'a'. Accordingly, Interim Application is disposed of. APPLICATION FOR LEAVE TO APPEAL (ST) NO. 67 OF 2020 3.

Today no one is present for the Respondent No. 1. 4.

Let Applicant be served copy of the application to the learned Advocate for the Respondent No. 1. If it is already served, learned Advocate for the Applicant to intimate about today' s order to the Respondent's counsel.

5.

Matter be kept on 14th March, 2023.

[S. M. MODAK, J.] Seema 2/2