1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No. 3494 of 2009 ( Shri Baburao s/o Lahanuji Zade ..vs.. Shri Manohar s/o Changdeorao Dhande ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. A.K. Kharabe, Advocate for the applicant. CORAM: S. S. SHINDE, J. DATED : 8 th DECEMBER, 2009 1. This application is filed challenging the order passed by the District Judge-4, Nagpur in Misc. Criminal Application No. 116/2007 on 13th August, 2009 on application for condonation of delay filed by the non-applicant. 2. The learned Advocate appearing for the applicant invited my attention to the contents of the application, grounds taken therein and submitted that the inordinate delay were 230 days does not have been condoned by the Court below without assigning any proper reason. 3. I carefully perused the reasons given by the District Judge-4, Nagpur while passing the impugned order. The Court has considered two points firstly due to vacancy of Court for one year, the applicant could not file the proceedings and thereafter 2 due to complications in his health the order of dismissal in default came to be passed. The learned Judge has also observed that in case of delay applications liberal approach is required to be taken. The learned Judge has also awarded cost of Rs.1,000/- to repay within one week by the non-applicant. I do not see any reason to interfere in the impugned order. Hence, the criminal application is devoid of any merits, same stands rejected. In view of the rejection of the Criminal Application No. 3494/2009, the Criminal Application No. 453/2009 (APPP) owns survives, hence same is disposed of in view of the disposal of the main application. JUDGE adgokar