1 7 caf.1035.01 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1035 OF 2001 IN FIRST APPEAL (stamp) NO. 16327 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.R.Patil, AGP for the Applicant – State. Mrs. Bhavana Khemani i/b Mr.P.J.Ahuja for the Respondents. CORAM : A.S.OKA, J. DATE : 22 nd March, 2011. P.C. 1 Heard the learned AGP appearing for the Applicant and the learned counsel appearing for Respondent No.1. 2 The delay is of more than two years. The learned counsel appearing for the Respondents relied upon the decision of the Division Bench of this Court tin the case of State of Maharashtra and others Vs. Vithu Kalya Govari and others, (2008 (6) Mh.L.J. 239). Perusal of the said decision and perusal of the averments made in the application show that there is no difference between the facts of the case in the present application and the facts of 2 7 caf.1035.01 the case before the Division Bench of this Court. Therefore, in view of the reasons recored by the Division Bench of this Court, delay cannot be condoned. Application is rejected. 3 Civil Application No. 1036 of 2001 does not survive and the same is disposed of. [ A.S.OKA, J ]