- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3373 OF 2001 APPLICATION NO.3373 OF 2001 APPLICATION NO.3373 OF 2001 IN IN IN CRIMINAL CRIMINAL CRIMINAL REVISION REVISION REVISION APPLICATION NO.350 OF 2000 APPLICATION NO.350 OF 2000 APPLICATION NO.350 OF 2000 Kavita Patil ...Applicant vs. Divyakant A. Patel & Ors. ...Respondents Mr.A.A.Gerge for the Applicant Mr.R.D.Suryawanshi for Respondent Nos.1 to 3 Ms M.M.Deshmukh,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 25,2005 : OCTOBER 25,2005 : OCTOBER 25,2005 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant, Advocate for Respondent nos.1 to 3 and the learned A.P.P. for Respondent No.5. The Advocate for the applicant states that Affidavit of service of notice to the Respondent no.4 is already filed. 2. This Application is for condonation of delay. The Application is opposed by the Advocate for the Respondent Nos.1 to 3 by pointing out that delay is of more than one year and there is no explanation for delay. 3. In my view, though the delay is of more than one year, liberal approach will have to be adopted in the light of averments made in paragraph No.4 of the application. Prejudice which may be caused to the Respondents can be always compensated by ordering payment of costs. Accordingly, Application is allowed in terms of prayer clause (a). The Applicant is directed to pay costs of Rs.500/- each to the Respondent Nos.1 to 3. Place the Revision Application for admission after vacation. - 2 - JUDGE JUDGE JUDGE