Shri. Ravisingh S/O. Narayansingh Bais v. Smt. Sudha W/O. Ravisingh Bais And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPR) NO.60 of 2017 IN CRIMINAL REVISION APPLICATION NO.77 OF 2014 Shri Ravisingh s/o Narayansingh Bais ..vs..
Smt. Sudha w/o Ravisingh Bais and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri C.B. Dharmadhikari, Counsel for the applicant. Shri A.R. Prasad, Counsel for the non-applicants.
CORAM
: V.M. DESHPANDE, J.
DATED : AUGUST 14, 2017.
This is an application for condonation of delay in preferring the criminal revision application before this Court challenging the order passed by learned Judge of the Family Court granting maintenance in favour of the non-applicants. Delay is of 164 days.
Learned counsel Shri C.B. Dharmadhikari for the applicant submits that due to mis-communication from the local counsel for the present applicant, who is resident of Madhya Pradesh, the revision could not be filed within a stipulated period.
Learned counsel Shri A.R. Prasad for the nonapplicants submits that principally he has no objection for .....2/-
condoning the delay. However, he submits that suitable costs be imposed for condoning such a delay. He further submits that if the costs are imposed, he has authority to receive the costs. The applicant is working in the Irrigation Department of the Madhya Pradesh State as a Draftsman and according to the finding, the applicant is getting salary of Rs.50,000/-.
In that view of the matter, in my view, it will not be too harsh if costs of Rs.7,500/- are awarded in favour of the non-applicants for allowing the present application. Hence, the following order:
ORDER
i) Criminal Application No.60 of 2017 is hereby allowed.
ii) Delay of 164 days in preferring the revision is hereby condoned subject to payment of costs of Rs.7,500/- by the applicant to the non-applicants. iii) The costs of Rs.7,500/- can be paid to learned counsel Shri A.R. Prasad for the non-applicants within a period of two weeks from today.
iv) After receiving the costs, learned counsel Shri .....3/-
A.R. Prasad for the non-applicants should pass requisite receipt and the said receipt should be filed on record.
v) On filing of such receipt showing the payment of costs of Rs.7,500/-, the Registry of this Court is directed to register the revision and place the same before this Court for admission.
vi) The present criminal application is disposed of. JUDGE !! BRW !!
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