Mrs Brotati W/O Sanjit Roy And ANR. v. Sanjit S/O Madanmohan Roy And ANR.
1 919.APPR.94-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPR) NO. 94 OF 2025 IN CRIMINAL REVISION APPLICATION (ST) NO. 3079 OF 2025 ( Brotati Sanjit Roy & Anr.
Vs.
Sanjit Madanmohan Roy & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. B.N. Gavhale, Advocate for the Applicants. Ms. S.P. Pendam, Advocate for the Non-applicants. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 18th JUNE, 2025 1.
By this Application, the Applicants is seeking condonation of delay. The present Applicants had challenged the judgment dated 07.08.2024 passed by the learned Additional Sessions Judge, Nagpur in Cri. A. No.305/2023, whereby the Appellate Court has dismissed the appeal which had been preferred by the present Applicants and thereby confirmed the interim maintenance order dated 04.05.2023. 2.
Heard learned Counsel for the Applicants, who submitted that initially the Applicants had approached to the Counsel but the Counsel has not preferred the appeal, and therefore, they could not have file the appeal within the stipulated time, and therefore, there is a delay of 134 days caused in preferring the appeal. There is a reasonable and
2 919.APPR.94-2025.odt justifiable reason for condonation of delay.
3.
Learned Counsel for the Non-applicants, has no objection for condonation of delay.
4.
Having heard both the sides and on perusal of the Application it reveals that there is sufficient and reasonable cause for condonation of delay. It is well settled that, while considering the application for condonation of delay liberal approach is to be adopted and not the pedantic approach. Considering that there is sufficient and reasonable cause, the Application deserves to be allowed. The delay of 134 days is hereby condoned.
5.
Criminal Application (APPR) No.94/2025 is disposed of. Revision Application be registered. 6.
After registration of the Revision Application, notice be issued to the Non-applicants, returnable after four weeks.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 19/06/2025 18:46:46