Nayan M. Miyani v. Kishore Trikamdas Bhanushali Sole Prop. Of Omkar Developers And ANR

29-APPLN-488-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.488 OF 2017 NAYAN M. MIYANI )...APPLICANT V/s.

KISHORE TRIKAMDAS BHANUSHALI & ANR.)...RESPONDENTS Mr.Amit Mane h/f. Mr.Balvant Salunkhe, Advocate for the Applicant.

Mrs.M.R.Tidke, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

24th SEPTEMBER 2018 P.C. :

This is an application for condonation of delay in preferring the application for leave to appeal. Heard the learned Advocate appearing for the applicant/original complainant. None appeared for respondent no.1, despite service. The learned APP appears for respondent no.2/State.

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29-APPLN-488-2017.doc For the reasons stated in the application and particularly from averments made in paragraph 4 of the duly sworn application, it is clear that the applicant was prevented by sufficient case for not filing the appeal within limitation. Hence the order :

ORDER

i) The application is allowed.

ii) Delay in filing the application for leave to appeal is condoned.

iii) The application is disposed of accordingly.

(A. M. BADAR, J.) Arti Vilas Khatate by Arti Vilas Khatate Date: 2018.09.24 18:28:21 +0530 avk 2/2