1 cri-appln-198 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.198 of 2010 IN Criminal Revision Application No.176 of 2010 Prabha Purushotam Gurjar .. .. Applicant (Orig. Petitioner) v/s. Shridhar Narahara Khanvalkar .. .. Respondent (Orig. Respondent) Mr.Uday P.Warunjikar for Applicant. Mrs.V.R. Raje for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 13th September, 2010 P.C. : 1.The Application for condonation of delay, which was inadvertently not filed, has been filed within time on 23rd June 2010. The order of the Division Bench of this Court dated 16th June 2010 is, therefore, complied. 2.The delay, which is sought to be explained in this Application, is that initially inadvertently a certified copy of a wrong order had come to be filed. 2 cri-appln-198 This appears to be so in view of the fact that there were two orders passed by two Courts which came to be challenged in Revision Application. One order was dated 2nd March 2010 and the other order was dated 4th March 2010. The mistake is stated to have been made by the married daughter of the Applicant who was required to file the Petition. The mistake is expected and is, therefore, accepted. 3.The delay that has been sought to be explained otherwise in filing the Petition is that the said married daughter inadvertently did not apply for certified copy in time and after that was received did not file the Revision Application in time. She is stated to be residing in Badlapur and though this Court has not beyond its reach, it is indeed in the other district place. 4.The case made out by the Applicant that she was in the United States taken by one of her sons from 16th December 2009 to 10th June 2010 appears to be inconsequential because, in any event, during such period of absence from India the Criminal Revision Application has actually been filed. The delay, therefore, is only of the married daughter in Badlapur who did not look after the proceedings of the Applicant/Petitioner as she was directed to do. 3 cri-appln-198 5.Though, therefore, the Applicant cannot be without remedy on merits, the Applicant must bear costs of taking out the Application so belatedly. 6.The Applicant shall pay costs of Rs.3,000/- within one week from today. Upon payment of costs, the Applicant shall be heard in the Criminal Revision Application. 7.The Criminal Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)