IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.589 OF 2008 IN CRIMINAL APPLICATION NO.3552 OF 2008 Sukani Enterprises .. Applicant Versus Atus Soaps Pvt Ltd & Ors. .. Respondents Mr.Jahagir Khajotia i/by M/s.Bilawala & Co for the applicant. Mr.Ajit Jakhadi for the respondent No.2. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 25th March 2009. : 25th March 2009. : 25th March 2009. P.C.: . Heard the learned counsel appearing for the applicant and the learned counsel appearing for the 2nd respondent. Affidavit of the 2nd respondent is taken on record. The objection of the learned counsel appearing for the 2nd respondent is that the present application is purportedly filed under section 379 of the Code of Criminal Procedure, 1973 and therefore the same is not maintainable. He submitted that delay is not of three days but it is of much more than three days. He submitted that there is no explanation for delay in the application. (2) 2. Perusal of the application shows that the impugned order passed on 13th February 2008. The application for certified copy of the order was made on 24th March 2008. Perusal of the certified copy shows that the same was ready on 16th August 2008 and was delivered on the same day. The present application has been filed on 26th September 2008. 3. It is true that the applicant has referred to section 379 of the said Code. However, that is not the decisive factor. There is a power vesting in this Court to condone the delay. In view of the averments made in the paragraph No.5 of the application, sufficient cause is made out for condonation of delay. Delay is condoned. Application for leave shall be placed for admission on 13th April 2009. (A.S.Oka,J)