1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4969 OF 2009 IN CROSS OBJECTION STAMP NO.5380 OF 2009 IN FIRST APPEAL NO.775 OF 2008 Suresh Rajaram Mundkar & ors. : Applicants versus The State of Maharashtra : Respondent. Mr. Sachin Punde for the Applicants. Ms. V S Mhaispurkar, AGP, for the State. CORAM : C.L.PANGARKAR, J DATE : JANUARY 04, 2010 P.C. 1. Heard the learned counsel for the Applicants and the learned AGP for the State/Respondent. This application has been moved for condonation of delay in filing the above Cross Objection. It is stated in the application that the cross objection could not be filed within time because of insufficiency funds. The cross objection is filed in the First Appeal No.775 of 2008. 2. The learned AGP for the State submits that the said First Appeal has already been dismissed for default, and therefore the cross objection cannot be entertained by the Court since the appeal itself is not on file. 2 3. When this cross objection was filed, the appeal was very much pending before this Court, and therefore I see no reason in not entertaining the cross objection and hence I see no difficulty in condoning the delay. Therefore for the reasons stated in the application, the delay stands condoned. The Original Appellant is at liberty to apply for restoration of the first appeal which came to be dismissed for default. The Civil Application is accordingly disposed of. [C.L.PANGARKAR]