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Bombay High CourtAPPA/435/2021disposed off

Savitribai Sukhadeo Telang v. Deepak @ Deepchand S/O Sitaram Kombade And 4 Others

2022-04-072 pages

22appp1076.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.

OF 20 21 IN CRIMINAL APPLICATION (APPA) NO. 435/2021 IN CRIMINAL APPLICATION (APPA) NO. 527/2019 (D) Savitribai Sukhdeo Telang Versus Deepak @ Deepchand s/o Sitaram Kombade and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri D.S.Lambat, Advocate for applicant.

Shri Sharad Thakare, Advocate for non-applicant No.2 (appointed) Shri S.D.Sirpurkar, APP for non-applicant No.5. CORAM : ANIL S. KILOR, J.

DATED : 07/04/2022.

1.

Heard learned counsels for the respective parties. 2.

This an application for condonation of delay. There is a delay about 461 days in filing application for restoration. On 04/03/2020, a conditional order was passed for removal of office objection within two weeks, failure to which it was observed that, the application shall stand dismissed. However, thereafter due to pandemic, the steps were not taken and the application stood dismissed, on lapse of period of two weeks. However, this fact was noticed by the applicant in the month of February2021, and thereafter, steps were taken to file application for restoration. As there was a delay, the present application is filed.

22appp1076.21.odt 3.

Learned counsel for the non-applicant has no serious objection, looking to the fact that due to pandemic, the delay has been caused.

4.

In the circumstances referred above, and as sufficient reasons have been offered by the applicant for condonation of delay, the present application is allowed. Delay caused in filing restoration application is condoned. 5.

Criminal application is disposed of accordingly. CRIMINAL APPLICATION (APPA) NO. 435/2021 1.

Heard the Learned counsel for the respective parties.

2.

For the reasons stated in the application, application is allowed. Matter is restored to its original number. 3.

Criminal application is disposed of accordingly. [JUDGE] rkn Signed By:RAJESH K NANDURKAR