Bombay High Court

SAMIR RAMESH MAHALEversusHABIB GAFAR SHAIKH

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The court condoned the 179‑day delay and allowed the application for leave to appeal.

Summary

The applicant, Samir Ramesh Mahale, filed an application seeking condonation of a 179‑day delay in filing an Application for Leave to Appeal as a private party. The respondent, Habib Gafar Shaikh, had refused to accept the notice via telephone, prompting service of the notice through WhatsApp. The court considered the reasons for the delay and noted that the notice had been effectively served despite the respondent's refusal. Finding no substantial prejudice to the respondent, the court condoned the delay and allowed the application. Consequently, the Registry was directed to register the Application for Leave to Appeal and issue notice to the respondent for a hearing on 27‑03‑2026.

Issues considered

Whether a delay of 179 days in filing an Application for Leave to Appeal by a private party can be condoned.

Subjects

condonation of delay
leave to appeal
criminal application
service of notice
private party

Judgment

2026:BHC-AUG:8831
                                                -1-
                                                                  913-APPLN-4646-2025

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 4646 OF 2025
                                   IN ALPST/12868/2025

                                   SAMIR RAMESH MAHALE
                                          VERSUS
                                    HABIB GAFAR SHAIKH

                                              ......
              Advocate for Applicant : Mr. Satyajeet S. Dixit
                                              ......

                                           CORAM : ABHAY S. WAGHWASE, J.
                                           DATED : 27 FEBRUARY 2026

              PER COURT :


              1.           Present application is filed for condonation of delay of

              179 days caused in filing the Application for Leave to Appeal by

              Private Party.


              2.           Heard learned counsel for applicant.



              3.           There is endorsement on notice of respondent sole that

              upon telephonic intimation, he refused to accept the notice.

              Therefore, the notice was sent to the sole respondent through

              WhatsApp. Taking such remark into consideration, it is a good

              service.


              4.           For the reasons stated in the application and in spite of

              service to other side as none appears and as such there being no
                                -2-
                                                 913-APPLN-4646-2025

contest to the delay, the application is allowed. Delay stands

condoned. The application is accordingly disposed of.


5.         Registry to register the Application for Leave to Appeal

by Private Party.



6.         Issue notice to the respondent in Application for Leave

to Appeal by Private Party, returnable on 27.03.2026.


                                      (ABHAY S. WAGHWASE, J.)




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