Pankaj S/O Bhimraoji Kadam v. Sau Aparna W/O Pankaj Kadam And Another

2.appr.347.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.347 OF 2019 IN CRIMINAL REVISION APPLICATION NO. OF 2019 Pankaj S/o Bhimraoji Kadam .Vs. Sau. Aparna W/o Pankaj Kadam 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 N.S. Warulkar, Advocate for the applicant. CORAM : ANIL S. KILOR, J.

DATED : 11/10/2022 1.

Heard Shri Warulkar, learned counsel for the applicant. None for the non-applicants though served. 2.

After going through the record, it appears that the impugned judgment and order is ex parte and on service of notice of execution proceeding, the applicant got knowledge about the impugned judgment and order dated 26.10.2017. Hence, a delay was caused to file the revision application.

3.

The learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to deposit Rs.1,50,000/- to show his bonafides and accordingly, he prays for allowing the present application. C.L.Dhakate

2.appr.347.2019.odt 4.

Considering the fact that, the impugned order was passed ex parte and on receiving the notice in execution proceeding, the applicant got knowledge about the impugned judgment and order, I am of the opinion that, the applicant has explained the delay caused in filing the revision application. In the circumstances, in view of the undertaking given by the applicant that, he is ready to deposit Rs.1,50,000/-, I pass the following order: a) The criminal application is allowed.

b) Delay is condoned subject to deposit of Rs.1,50,000/- as undertaken by the applicant, within eight weeks from today.

c) The applicant shall deposit Rs.25,000/- out of Rs.1,50,000/-, within one week from today.

d) Failure to deposit the amount,as referred above, the application shall stand rejected.

e) On deposit of amount, the office is requested to register the revision application and place the same for Admission.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate