Suraj L. Bhatia And ORS v. Jatinder Kaur Sethi And ORS

suresh 16-WP-4131.2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4131 OF 2012 Suraj L. Bhatia & Others .... Petitioners Vs.

Smt. Jatinder Kaur Sethi & Others .... Respondents Mr. Sandesh Patil with Mr. Prashant Jadhav for the Petitioners.

Mr. Nikhil Mishra i/b FF and Associates for Respondent No.1.

Ms S.V. Gajare, APP, for the Respondent-State. CORAM: A.V. NIRGUDE, J.

DATED: NOVEMBER 18, 2015 P.C:

Heard. By consent, the following order is passed: This revision challenges order dated 12-10-2012 passed by the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai on Miscellaneous Application No.1169 of 2012 holding that the delay of 252 days caused in filing of the criminal revision could not be condoned. I have

suresh 16-WP-4131.2012 perused the application seeking condonation of delay. I have also heard the learned counsel for the parties and I am of the view that the reasons mentioned in the application are sufficient to condone the delay. The learned Sessions Judge erred in not condoning the delay. I am inclined to condone the delay. The delay is condoned. The case is remanded back to the Sessions Court where the revision would be decided on its own merit. The parties shall appear before the Sessions Court on 21-12-2015, at 11:00 a.m.. The petition is disposed of. (A.V. NIRGUDE, J.)