spb/- 1 6-8-2160-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2160 OF 2009 Apna Sahakari Bank Ltd., ... Applicant. Vs. Tasgaon Taluka Sahakari Sakhar Karkhana Ltd., and others. ... Respondents. --- Mr. Umesh R. Mankapure for the Applicant. Mr. Prasad Kulkarni i/by P.S.Dani for the Respondent No.2. Mr. Sandes Patil for the Respondent No.3. Mrs. M.K.Tidake, APP for the State. ...... CORAM : V. M. KANADE, J. DATE : 06TH AUGUST, 2010. P.C. 1 Heard the learned counsel for the applicant and the learned counsel for the respondents. 2 This is an application for condonation of delay of 81 days in filing the leave to file appeal. It is submitted that the applicant bank was undergoing financial difficulties. Ultimately, the Bank was taken over by the Apna Sahakari Bank Ltd.. It is also submitted that certain orders were passed by the Reserve Bank of India and spb/- 2 6-8-2160-09.sxw the monitorial was imposed under section 35 of the Reserve Bank of India Act. 3 On the other hand, the learned counsel for the respondents submits that the applicants have suppressed material facts. It is submitted that the applicants had applied for the certified copy on 17.12.2008 and the certified copy was ready on 24.12.2008 and delivered on 28.12.2008. Now it is incorrectly mentioned that the applicants had applied for the certified copy on 02.04.2009. It is submitted that on this ground alone, the application for condonation of delay was liable to be dismissed. 4 The learned counsel for the applicants further submitted that in rejoinder the applicants have given an explanation for the mistake which is occurred and have given further reasons about the circumstances under which the said statement was made in the application. Sufficient cause has been shown by the applicants for the delay caused in filing the application for leave to appeal. In the event, the delay caused was not intentional and sufficient spb/- 3 6-8-2160-09.sxw explanation has been offered by the applicants. Delay of 181 days in filing the leave to file appeal is condoned. This Application is disposed of. 5 Stand over to 24.08.2010. [V.M. KANADE, J.]