The single-judge bench allowed the petitioner's application for condonation of delay in seeking leave to appeal, granting leniency to the three-year and three-day lapse in filing time under Section 5 of the Limitation Act.
Application for condonation of delay in seeking leave to appeal allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
Criminal Application No.2209 of 2005
In
Criminal Application No.2208 of 2005
TCI Finance Ltd.
Petitioner
Vs.
M/s.Salstar Foods & Beverages Ltd. and ors.
Respondents
Mr.P.A.Pol, APP for State.
CORAM: B.H.MARLAPALLE, J.
August 24, 2007.
P.C.
. This is an application for condonation of delay in seeking leave to appeal. As per the office
note the delay caused is of three years, one month
and three days.
| . | Ru | le was g | ranted on 21/ | 11/2005 and as per the | |||
|---|---|---|---|---|---|---|---|
| last | report | record | ed in |
the Farad |
she | et | the |
| respondent | no.2 | has | been | served. The |
said | respo | ndent |
| is the |
Director | of | the Res |
pondent no.1 - |
Compa | ny. | No |
| steps | have | been | taken | to cause the |
appea | rance | of |
| respondent | no | .2. | The | report also ind |
icates | that | the |
| respondent | no | .1 - |
company | has changed |
its | address | at |
Pune whereas the respondent no.2 resides at Mumbai
and he has been served at his Mumbai address.
2
. I am satisfied that the delay caused in filing
the application deserves to be condoned and hence the
application is allowed in terms of prayer clause (a).
1 issue framed by the court
Whether the delay of three years in filing the appeal application deserves condonation.
TCI Finance Ltd.
M/s. Salstar Foods & Beverages Ltd.
B.H. Marlappalle
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
