The High Court condoned a 40-day delay in filing an application for leave to appeal, relying on justice, despite incomplete service proof for one respondent. The application was allowed.
The application seeking condonation of delay and leave to appeal was 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.
varsha
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26-appln-380-18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No.380 OF 2018
Tanaji Hanumant Bhagare (deceased) through LRs Dhananjay Tanaji Bhagare and Ors. ...Applicants Vs.
Prathamesh Prakash Patil and Ors.
...Respondents
Mr. Vishwasrao S. Deokar for Applicants. Mr. S.S. Pednekar-APP for the State.
CORAM : SMT. SADHANA S. JADHAV, J.
DATE : APRIL 9, 2019.
P.C.:
This is an application seeking condonation of delay in filing an application seeking leave to appeal. The delay is of 40 days. Office note shows that the respondent nos. 2 has served personally but marked in respect of the respondent no. 1 is silent. It also reveals that the notice has been accepted on behalf of the respondent no. 1 by the person name K.G. Lokhande. However, learned counsel for the applicants filed affidavit of service. In any case, the delay is of 40 days and for the reasons assigned in Paragraphs 2 to 4 the delay of 40 days needs to be condoned in the interest of justice. Hence, the application is allowed in terms of prayer clause (a). Although, the respondent no. 2 has served, he has not caused his appearance on his behalf.
[SMT. SADHANA S. JADHAV, J.]
varsha 2 26-appln-380-18
1 issue framed by the court
Whether the delay of 40 days in filing an application seeking leave to appeal should be condoned in the interest of justice.
1 provisions across 1 enactments
Tanaji Hanumant Bhagare (deceased) through LRs Dhananjay Tanaji Bhagare and Ors.
Prathamesh Prakash Patil and Ors.
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
