0603crn2848.08.sxw FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CRIMINAL APPLICATION NO. 2848 OF 2008 M/s. Khemka Motors Vs. Arvind Dalal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. MS Wakil, Adv. for the applicant. Smt. MS Nair, Adv. for the respondent. CORAM : A. B. CHAUDHARI, J. DATE : 06th March, 2009. This is an application for condoning delay in filing appeal by special leave. The reason mentioned in the application for condonation of delay is that the Advocate who was appearing was unwell and in support of said submission, a certificate issued by Dr. N. M. Meshram is produced on record along with the application. The learned Counsel for contesting respondent submits that the said Counsel has neither appeared in this matter nor any affidavit has been filed to support that ground and therefore, this Court should not condone the delay. Having heard the learned Counsel for the rival parties, I find that the medical certificate dated 05/8/2008 has not been seriously disputed by the respondent and there is no reason for me to disbelieve the averment made in the application about illness of the Advocate and not taking steps to file appeal within time. For the above reasons, the delay in filing appeal by special leave is condoned subject to payment of costs Rs. 1,000/- to the Counsel for the respondent. C. A. is disposed of accordingly. wwl JUDGE