Union Of India v. Icici Bank Ltd. Through The Branch Manager And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 977 OF 2019 IN CRIMINAL APPEAL (STAMP) NO. 832 OF 2019 Union of India Through the Directorate of Enforcement Mumbai Zonal Office, Mumbai, Through Assistant Director (PMLA), Rajiv Kumar, Directorate of Enforcement.

...Applicant

Versus

M/s. ICICI Bank Ltd. & Anr.

...Respondents

...

Mr. H.S. Venegaonkar for Applicant.

Mr. Saahil Menon i/b. Link Legal India Law Services for Respondent No. 2. Mr. Vividh Tandan a/w. Ms. Nidhi Bhankharia, Ms. Ritika Ajitsaria i/b. Trilegal for Respondent No. 1.

Mr. V.G. Konde-Deshmukh, APP for Respondent - State. ...

CORAM : S. S. SHINDE & N. B. SURYAWANSHI, JJ.

DATE : 7th OCTOBER 2019 PER COURT :

1.

Learned counsel appearing for contesting Respondent has tendered across the bar, affidavit in reply, same is taken on record. 2.

This application is filed for condonation of delay. Learned counsel appearing for the Applicant submits that, there is delay of 31 days Bhagyawant

2/2 21-APL-977-19.doc which occurred in the circumstances which are stated in Paragraph 4 and 5 of the application.

3.

Learned counsel appearing for contesting Respondent relying upon the affidavit in reply submits that, no sufficient cause has been disclosed in the application for condonation of delay and also said averments in the application are not supported by documentary proof. 4.

Heard learned counsel appearing for Applicant and learned counsel for contesting Respondent. It is true that, specific reasons are not given in the application. However, it is stated in Paragraph 3 to 6 that, due to procedure which was supposed to be followed on the Administrative side, delay is occurred. It appears that, there is only 31 days of delay. In that view of the matter, for the reasons stated in the application, application is allowed and same stands disposed of accordingly. Delay of 31 days in filing the appeal stands condoned accordingly.

5.

Registry shall number the appeal and place for admission on 18th October 2019.

(N. B. SURYAWANSHI, J.) (S. S. SHINDE, J.) Bhagyawant