Samir Ramesh Mahale v. Habib Gafar Shaikh

2026:BHC-AUG:8831 -1- 913-APPLN-4646-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4646 OF 2025 IN ALPST/12868/2025 SAMIR RAMESH MAHALE

VERSUS

HABIB GAFAR SHAIKH ......

Advocate for Applicant : Mr. Satyajeet S. Dixit ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 27 FEBRUARY 2026 PER COURT :

1.

Present application is filed for condonation of delay of 179 days caused in filing the Application for Leave to Appeal by Private Party.

2.

Heard learned counsel for applicant.

3.

There is endorsement on notice of respondent sole that upon telephonic intimation, he refused to accept the notice. Therefore, the notice was sent to the sole respondent through WhatsApp. Taking such remark into consideration, it is a good service.

4.

For the reasons stated in the application and in spite of service to other side as none appears and as such there being no

-2- 913-APPLN-4646-2025 contest to the delay, the application is allowed. Delay stands condoned. The application is accordingly disposed of. 5.

Registry to register the Application for Leave to Appeal by Private Party.

6.

Issue notice to the respondent in Application for Leave to Appeal by Private Party, returnable on 27.03.2026. (ABHAY S. WAGHWASE, J.) Tandale