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Bombay High CourtCRMA/37/2021disposed of

Azghar Khan v. Shree Mallikarjuna Shipping Pvt. Ltd., Rep. By Its Aut. Rep., Ulhas Salunke

2021-11-26Hon'Ble Shri Justice Manish Pitale2 pages

15-CRMA-37-2021.DOC vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL MISC. APPLICATION NO. 37 OF 2021 IN CRIMINAL REVISION APPLICATION NO. 33 OF 2019.

AZGHAR KHAN ... Applicant.

Versus

SHREE MALLIKARJUNA SHIPPING PVT. LTD., REP. BY ITS AUT. REP., ULHAS SALUNKE

...Respondent.

Mr. G. Noronha, Advocate for the applicant.

Mr. G. Agni and Mr. T. Gawas, Advocates for the respondent.

CORAM:

MANISH PITALE, J.

DATED:

26th November, 2021.

P.C.:

1.

This is an application seeking condonation of delay in filing the accompanying application for grant of certificate of fitness to appeal to the Hon'ble Supreme Court of India. The certificate sought on behalf of the applicant is under Article 134A of the Constitution. Article 134A(b) stipulates that request for issuance of such a certificate has to be orally made after passing of the judgment and final order or sentence by this Court.

2.

It appears that in this backdrop the present application for condonation of delay has been filed.

15-CRMA-37-2021.DOC 3.

Without going into the details as to whether only an oral application could have been made on the date of the judgment or an application could be subsequently filed, considering the fact that the judgment was rendered by this Court on 6.3.2020 and immediately thereafter COVID-19 pandemic hit this Country, in the interest of justice, this Court is inclined to allow the present application. Hence for the reasons stated in the application, the same is allowed. 4.

Application stands disposed of.

MANISH PITALE,J.

Date: 2021.11.26 17:16:46 +05'30'

VINITA VIKAS NAIK