The State of Maharashtra v. Virshing Shankar Mahajan
Case brief
What is this about?
Singled out the gross delay of over 13 years in preferring the first appeal (stamp) and the unexplained delay in obtaining certified copies. Held that no case is made for condonation of delay and rejected the application, leaving it open for the appellant to seek a refund of court fees.
What did the court decide?
The application was rejected; no appeal will be registered. The applicant may apply for refund of court fees.
What the court decided
1
15 caf.1855.08
ndm
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1855 OF 2008
IN
FIRST APPEAL (stamp) NO. 17210 OF 2004
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
Mr. A.R.Patil, AGP for the Applicant – State. Mr. A.M.Kulkarni for the Respondents.
CORAM : A.S.OKA, J. DATE : 01st April, 2011.
P.C.
Issues for consideration
2 issues framed by the court
Whether gross delay of more than 13 years in preferring an appeal warrants condonation.
Whether the application for filing the appeal should be accepted given the unexplained delay.
Parties & counsel
- applicant
The State
- respondent
Respondents
Coram
A.S. OKA
Case details
As recorded by the court registry
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