1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO.17/2008 M/s. Mohit Steel Industries Pvt. Ltd., a Company incorporated under the Companies Act, 1956, through its authorised representative Mr. Niraj Jaju, major, having their registered Office at 342, Kundaim Industrial Estate, Kundaim 403 115, Ponda Taluka North Goa District. ........... Applicant. V/s. 1. M/s. Scot International, 1494, 4th C Main, 11th Cross, Mahalaxmipuram, Bangalore 560 086 Karnataka State. 2. Dr. Raj @ Dr. Shanta Raju, Proprietor of M/s. Scot International, 494, 4th C Main, 11th Cross, Mahalaxmipuram, Bangalore 560 086 Karnataka State. ........... Respondents. Mr. D. Pangam, Advocate for the applicant. Mr. J. Godinho, Advocate for the respondents. CORAM : S.A. BOBDE, J. DATE : MARCH 27, 2008. 2 ORAL JUDGMENT: Rule, returnable forthwith. Heard by consent. 2. The trial Court granted an application for condonation of delay by the complainant in filing the complaint beyond the prescribed period. The complaint was late by 31 days. The appellate Court set aside the order. However, while considering the application for condonation of delay, the appellate Court itself took the view that the delay of 31 days has not been properly explained. According to the learned appellate Court, the reason given by the applicant was not sufficient for condonation of delay. The reason being the absence of the authorised representative of the company from the Country during that period. 3. Prima facie, there appears to be substance in the contention on behalf of the applicant that this ought to have been treated as sufficient ground for condonation of delay, because in the absence of the authorised representative the complaint itself could not have been filed. However, without accepting that reason or without going into the merits of the case, I consider it appropriate to set aside the order of the appellate Court and remand the matter to the trial Court for fresh consideration of the application for 3 condonation of delay, in accordance with law. The trial Court shall dispose of the application for condonation of delay without being influenced by the observations made by the appellate Court or by this Court. Rule made absolute in the aforesaid terms. S.A. BOBDE, J. sm.