Single judge criminal application regarding condonation of a 122-day delay in filing a leave to appeal. The court allowed the application in the interest of justice despite opposition.
Delay of 122 days condoned; application allowed in terms of prayer clause (a).
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24 appln 193.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.193 OF 2017
Amarchand Pratapsingh Gandhi .... Applicant
Vs.
The State of Maharashtra & Ors. .... Respondents
Mr. Jatin Premji Shah for the Applicant. Mr. S.S. Pednekar, APP for the State. Mr. Vishal Gupta for Respondent nos. 2 and 3.
Coram : Smt. Sadhana S. Jadhav , J. Date : 3rd April 2019
P.C.:
the original complainant was Amarchand Gandhi, proprietor of Associated Industries Corporation whereas the present application is being filed by Amarchand Gandhi, proprietor of Associated Industrial
Corporation. There is delay of 122 days in filing an application seeking leave to appeal. In any case, it is a proprietary concern and the name of the proprietor is the same.
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3 Learned counsel for the applicant submits that the nomenclature of the propriety concern was and has been always Associated Industrial Corporation and it would not change its entity as such. In any case, the issue can be decided on merits. As on today, the application seeking condonation of delay deserves to be allowed in the interest of justice despite the fact that the learned counsel for respondent nos. 2 and 3 has vehemently opposed the grant of application.
4 For the reasons assigned in paragraph nos. 23, 27 and 29, the application seeking condonation of delay deserves to be allowed in the interest of justice. The delay of 122 days is condoned. The application is allowed in terms of prayer clause (a).
1 issue framed by the court
Whether the delay of 122 days in filing the application for leave to appeal is condonable in the interest of justice.
Amarchand Pratapsingh Gandhi
The State of Maharashtra
Respondent nos. 2 and 3
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
