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Bombay High CourtAPPR/246/2014delay condonatedrejected

Mazhar Ahmed Gulam Dastgir Shaikh v. Mast. Athar Mazhar Ahmed Shaikh Through Mother Huma Mazhar Ahmed Shaikh

2015-08-26Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

Tapadia RR/B.1 1 / 2 APPR/ 245 /2014gr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRI.APPLICATION NO. 245 OF 2014 IN CRI.REVISION APPLICATION (ST) NO. 304 OF 2014 WITH CRI.APPLICATION NO. 246 OF 2014 IN CRI.REVISION APPLICATION (ST) NO. 305 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Vikas B. Shivarkar i/b Pravin Dabade, Advocate for Applicant.

Mr.Rajesh More, A.P.P. for Respondent no.2.

CORAM: R.G.KETKAR, J.

DATE : 26/08/2015 PC:

1.

Heard Mr.Vikas Shivarkar, learned counsel for the applicant and Mr.Rajesh More, learned A.P.P. for respondent no.2.

2.

These are applications for condonation of delay of 316 days in filing Revision Applications. By order dated 18.11.2014, this Court issued notices to the respondents, returnable on 16.12.2014. This Court directed the applicant to serve respondent no.1 privately by R.P.A.D. and file affidavit of

2 / 2 APPR/ 245 /2014gr service to that effect. This Court also directed the applicant to give details of calculations as to how much arrears is yet to be paid as per the impugned order.

The matter was adjourned to 16.12.2014.

Office remark shows that respondent no.1 is duly served. However, none appears for the first respondent'

3.

In view thereof and for the reasons stated in the applications which are not controverted, I am satisfied that sufficient cause is made out. Hence, Applications are allowed. Delay is condoned. Registry is directed to register Revision Applications, if they are otherwise ready.

4.

The applicant shall clear the arrears as per the impugned order by depositing amount within four weeks from today, failing which the Revision Applications shall stand dismissed without further reference to the Court.

(R.G.KETKAR,J.)