1 Cri.A.598.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 598 OF 2011 [The Mah. State Co­Operative Marketing Federation Vs. Baliraja Krushiseva Bijotpadak Va Vitarak Sahakari Sanstha Ltd.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Smt.Priyanka U.Sawaji,Advocate holding for Shri.S.S.Thombre,Advocate for Applicant. Shri.S.J.Salgare,Advocate holding for Mrs.S.S.Jadhav,Advocate for Respondents. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 15TH MARCH, 2011. PER COURT : 1. Mr. Salgare, learned counsel filed Vakalatnama on behalf of respondent Nos. 1 to 3, the same is taken on record. 2. Heard learned counsel for the parties. 3. This is an application preferred by the applicant­original complainant for conondation of delay of 443 days, caused in filing accompanying Criminal 2 Cri.A.598.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Application seeking leave to file Appeal. 4. Mr.Salagare, learned counsel for respondents opposed the present application vehemently and submits that present application bears no substance and same is devoid of merits, and therefore, same deserves to be dismissed. 5. Considering application and also rival submissions advanced by the learned Counsel for the parties, it appears that applicant has explained the delay satisfactorily. It also appears that the said delay is not willful, deliberate and intentional, and hence, same deserves to be condoned in the interest of justice. However, the said delay of 443 days, apparent is inordinate delay, therefore, same is required to be condoned, subject to payment of reasonable costs by the applicant to the respondents, in the interest of justice. 6. In the result, present application is allowed in terms of prayer clause[B] thereof, and delay of 443 days, caused in filing accompanying application seeking 3 Cri.A.598.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders leave to file appeal stands condoned, subject to payment of costs of Rs.5000/­ (Rupees Five Thousand) by the applicant to respondents within a period of four weeks from today. 7. Preset application stands disposed of accordingly. Sd/­ [SHRIHARI P.DAVARE, J.] MTK