1 APPLN.2713-2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2713 OF 2009 M/s Medley Pharmaceuticals Ltd. ..Applicant. Vs. M/s D.G. Enterprises & Ors. ..Respondents. -- Mr. Subodh Desai, for the applicant. Smt. P.P. Bhosale, APP for the State. -- CORAM: U. D. SALVI, J. APRIL 11, 2011. P.C.: Heard. Perused the application and Affidavit of Service. 2 Production of postal acknowledgment and the report of service flashed on the Website of Indian Post confirms the completion of service on the contesting respondent. None appears to controvert the application for condonation of delay. However, it is necessary to examine the merits of the application as disclosed. 3 The present delay condonation application arises as a result of the delay in preferring an application for leave to prefer an appeal against the order of dismissal under Section 256 of the Cr. P.C., 1973, passed in CC 2 APPLN.2713-2009 No.3953/S/02 by the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai on 20.2.2006. Pertinently, the applicant/complainant had its office at Andheri, Mumbai and had engaged the services of one Mr.Sayyed Ezaj Qazi as well as duly instructed Advocate to pursue the said complaint before the Metropolitan Magistrate’s court. All that has been said in the application is about the lapses of the Legal Manager, Mr. Rakesh Tivani. It is stated that the said manager had to travel across the country in pursuit of the disputes and the litigations of the Company and, therefore, his prreoccupation with the matters, the nature of which is not disclosed in the present application, led to the communication gap between him and others in the case. How important were other matters remains a mystery in the present application. The roles of Distribution Manager Mr. Sayyed Ezaj Qazi, and Advocate of the complainant are equally mysterious. As a matter of fact, the application is an admission of gross neglect by the applicant- company. 4 Hence, the Criminal Application No.2713 of 2009 stands dismissed. (U. D. SALVI,J.) 3 APPLN.2713-2009