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Bombay High CourtAPPA/847/2023ca disposed off

Jaibharat S/O. Govindrao Thombre v. Kishor S/O. Trimbakrao Deshmukh And Another.

2025-09-08Hon'Ble Shri Justice M. M. Nerlikar2 pages

Order 0809appa847.23corrected

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION []APPA] NO. 847 OF 2023.

Jaibharat Govindrao Thombre -VERSUSKishor Trimbakrao Deshmukh and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri M.V. Rai, Advocate for the Applicant.

Ms P.N. Lakhani, Advocate for Non-applicants. CORAM : M.M. NERLIKAR, J.

DATE : SEPTEMBER 08, 2025.

Heard.

2.

This an application seeking condonation of delay of 56 days in preferring Criminal Appeal. I have heard the learned Counsel appearing for the parties. 3.

The learned Counsel for the applicant submits that the delay is not intentional. The reason for delay is that due to some tender work allotted to him by the MSEDCL, which was to be completed within a time bound manner, the applicant has to concentrate on that work. The said work is stated to be the only source of Rgd.

Order 0809appa847.23corrected income. Thereafter, he met with his counsel at Arvi, filed an application for grant of certified copy of judgment and order on 13.06.2023, which was received on 23.06.2023, and thereafter contacted the Counsel at Nagpur. In such circumstances, the delay has caused. 4.

The learned Counsel for non-applicants vehemently opposed the application by stating that there is no sufficient cause disclosed in the application, and therefore, the application deserves to be rejected. 5.

I have gone through the application and reasons mentioned therein, particularly paragraph no.3. I am convinced that there is sufficient cause shown therein, hence, delay of 56 days in filing appeal is condoned, subject to payment of costs of Rs.500/-, to be deposited with the High Court Legal Services SubCommittee, Nagpur within a period of one week, and receipt be produced on record. Criminal Application is accordingly allowed. Office to register the Application Corrected as per Courts order dated 08.10.2025 and list the same for admission on 22.09.2025. JUDGE Rgd.