1 5.appa.1409-10-apeal.1175-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1409 OF 2010 IN CRIMINAL APPLICATION NO.4256 OF 2009 IN CRIMINAL APPEAL NO.1175 OF 2009 Union of India (N.C.B.). ..Applicant. Vs. Veerumal Dularam Nainwani @ Sunder and others. ..Respondents. .......... Mr.A.S. Gadkari, Advocate a/w. Mr.Mandar Goswami, Advocates for Applicant-UOI. Mr.K.V. Saste, A.P.P. for the State. Mr.Ayaz Khan, Advocate for Respondent No.1. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 10th FEBRUARY, 2011. P.C. 1. Counsel for Respondent No.1 against whom the Application survives submits, on instructions, that Respondent No.1 is not interested in filing any formal Application and would merely oppose the grounds for condoning the delay set out in the present Application. Accordingly, we heard the Application for condonation of delay in filing Appeal, filed by the Union of India. PPD 2 5.appa.1409-10-apeal.1175-09 The only argument on behalf of Respondent No.1 is that no sufficient cause has been made out. 2. Considering the averments in the Application which facts, in our view, cannot be doubted. The same are sufficient cause for condoning the delay of only 72 days in filing of the Appeal. Accordingly in the interest of justice, we allow the Application and condone the delay of 72 days in filing the Appeal. Application is disposed of accordingly. 3. However we once again make it clear that the Appeal will now proceed only against Respondent No.1 as Application for condonation of delay is dismissed as against Respondent No.2 in the Appeal. 4. We are in agreement with the submission made by the Counsel for Respondent No.1 that the Registry of this Court needs to be more careful in numbering of the Appeal if it is found that the Appeal presented by the concerned Appellant/Applicant is barred by limitation. Unless the delay is condoned, the registration of Appeal does not arise. In such case, the Appeal or Application for leave to Appeal should be placed before the Court with office 3 5.appa.1409-10-apeal.1175-09 objection so that appropriate order can be passed by the Court. In absence of some office objection, the Court usually proceeds on the assumption that Appeal/Application for leave to Appeal is within time. The situation as has occasioned in the present Appeal could have been avoided if such care was taken by the Registry of this Court at the time of registration of the Appeal itself. 5. Copy of this order be forwarded to the Registrar (Judicial-I) for bringing it to the notice of all the concerned Officers who are responsible for registration of Appeal/Application for leave to Appeal. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)