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Bombay High CourtAPPR/273/2016rejected

Shri. Anand S/O. Shiv Bhajan Mishra v. Shri. Mohd. Parvez S/O. Azizbhai Opai

2017-11-22Hon'Ble Shri Justice A.S. Chandurkar2 pages

921-921-A-APPR-273,274-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) NOS.273 & 274 OF 2016 Anand s/o Shiv Bhajan Mishra, Plot No.54, Ramnagar, Nagpur -vsMohd. Parvez s/o Azizbhai Opai, Leela Orchid, 15, Clarke Town, Anand Sai Marg, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. M. Gedam, Advocate for applicant.

Shri C. F. Bhagnani, Advocate for non-applicant. CORAM : A.S.CHANDURKAR, J.

DATE : November 22, 2017 By these applications it is prayed that delay in filing revision applications be condoned. In paragraph 4 of the applications, it is stated that the applicant was sick and bedridden from 16/01/2016 till 12/12/2016. Though the certified copy was received earlier, the applicant could not take steps to file the present proceedings. It is therefore prayed that the delay be condoned.

Reply has been filed opposing the aforesaid applications. It is denied that applicant was suffering from any ailment.

Heard the learned counsel for the parties. I find that except the statement that the applicant was sick and bedridden for a period of almost one year, there are no documents filed in support of said stand. The applicant is shown to be aged about 45 years and in absence of

921-921-A-APPR-273,274-16 2/2 any documents to indicate his illness, a simple statement in that regard cannot be accepted. I am not satisfied the delay has been properly explained. Hence the applications seeking condonation of delay are rejected. JUDGE Asmita