Shadab Imam Shaikh And ORS. v. Nilofar Shadab Shaikh And ANR.
5 Ia-3049-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3049 NO. OF 2021 IN CRIM. REVISION APPLICATION NO. 1224 OF 2021 Shadab Imam Shaikh and Others.
...Applicants.
Versus
Nilofar Shadab Shaikh and Others.
...Respondents.
------ Ms. Pooja Phagnekar h/f Mr. Nitesh Mohite for the Applicant. Ms. Shilpa Gajare, APP for the Respondent-State. Mr. Sameer Kumbhakoni for the Respondent No. 1. ------ Coram : Sharmila U. Deshmukh, J.
Date : April 12, 2024.
P. C. :
1.
Heard.
2.
Interim application has been preferred seeking condonation of delay of 268 days caused in filing the present revision application. 3.
Learned counsel appearing for the Applicant submits that the order of Appellate Court was passed on 30th December 2019 and subsequently due to outbreak of Covid-19 pandemic, the functioning of the Courts was affected. She would further submit that the Apex Court had extended the period of limitation and thereafter the Patil-SR 1 of
5 Ia-3049-2021.doc present revision is filed in December 2020.
4.
Per contra learned counsel appearing for the Respondent no.1 would submit that no sufficient cause has been shown for condoning the delay.
5.
Considered the submissions.
6.
The impugned order was passed on 30th December 2019 and as such the period of 90 days would have expired in March 2020. It is common knowledge that Covid-19 pandemic struck the entire country and the Apex Court has thereafter extended the period of limitation. However, in the present case, the exact dates are not mentioned. The factual situation that country remained under lock-down due to outbreak of Covid-19 pandemic can be taken note of and delay of 268 days needs to be condoned. Interim application stands allowed. 7.
Let the revision application come up for admission on 23rd April 2024.
[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 15/04/2024 14:16:37