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Bombay High CourtAPPLN/4769/2024application allowed

Mahalaxmi Plastics Through Its Proprietor Shri Shrikant Liladhar Chaudhari v. Raghunath Bhagwat Patil And Another

2025-09-30Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:27071 -1- Cri.Appln.4769.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4769 OF 2024 IN APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY (ST.) NO.13069 OF 2024 MAHALAXMI PLASTICS THROUGH ITS PROPRIETOR, SHRI SHRIKANT LILADHAR CHAUDHARI

VERSUS

SHRI RAGHUNATH BHAGWAT PATIL AND OTHERS ......

Mr. M .G. Patil, Advocate for Applicant.

Mr. A. I. Deshmukh, Advocate for Respondent No.1. Mr. V. S. Badakh, APP for Respondent No.2 - State. ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 22 SEPTEMBER 2025 PRONOUNCED ON : 30 SEPTEMBER 2025 PER COURT :

1.

This is an application for condonation of delay of 289 days in filing the application for leave to appeal by private party. 2.

Learned Advocate for applicant pointed out that, reasons for delay are spelt out in paragraph nos.2 to 5 of the application and stated that there is no deliberate and intentional delay. That, there is a good case in appeal and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned.

-2- Cri.Appln.4769.2024 3.

Learned Advocate for the respondent No.1 strongly opposed the application, contending that there is no plausible explanation for the delay.

4.

After going through the application and for the reasons stated in paragraph Nos.2 to 5 of the application and in the interest of justice and fair opportunity, delay so caused requires to be condoned. The application stands allowed and disposed of. Delay stands condoned. 5.

Registry to verify and to take further steps. 6.

Issue notice to the respondents in application for leave to appeal by private party, returnable on 20.11.2025. Learned Advocate Mr. A. I. Deshmukh waives notice on behalf of respondent No.1. Learned AGP waives notice on behalf of respondent no.2. (ABHAY S. WAGHWASE, J.) Tandale