0912appln2740.09.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.2740 of 2009 Mahavir Shantinath Sulakhe ..vs.. The State of Mah. and others. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.R.N.Ghuge, Adv. for the applicant. Mr.S.M.Bhagde, Adv. for the respondents. CORAM : PRASANNA B. VARALE, J. DATED : 9 th December, 2010. Heard Mr.Ghuge, learned counsel for the applicant. This is an application for seeking condonation of delay. Mr.Ghuge, the learned counsel for the applicant, submits that the delay caused in filing the application was of 17 days only. He further submits that time was consumed in contacting his lawyer and collecting the necessary papers. Learned counsel further submits that this court by order dated 16/12/2009 found that having regard to the nature of the litigation between the parties and litigation between the applicant and respondent nos.2 and 4, for giving an opportunity to the applicant to test the merits of his case, the delay of 17 days in filing an application for grant of special leave to prefer appeal is condoned subject to payment of costs of Rs.750/- in favour of High Court Legal Services Sub- Committee, Nagpur within seven days from the date of the order. Mr.Ghuge further submitted that unfortunately the costs was not deposited within the stipulated period and 0912appln2740.09.odt 2 ultimately this court by order dated 15th January, 2010 recalled the order dated 16/12/2009. Mr.Ghuge further submits that the applicant is having a very good case on merits. He further submits that the applicant is ready and willing to deposit the costs as directed by this court or any amount as directed by this court. In view of the submissions of learned counsel for the applicant as well as in view of the order passed by this court dated 16/12/2009 and also for the reasons stated in the application for seeking condonation of delay and treating the reasons to be good and sufficient, the delay is condoned subject to payment of costs of Rs.1500/- in favour of High Court Legal Service Sub- Committee, Nagpur within seven days from today. The application stands disposed of. S.O. 16/12/2010. JUDGE chute