Bombay High Court

KULDIP WALMIK KORE (KOLI)versusPRIYA KULDIP KORE (KOLI) AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court condoned the delay and allowed the criminal application, finding that service by private mode was complete despite the notice being unclaimed.

Summary

The applicant filed a criminal application seeking condonation of a 184‑day delay in filing a criminal revision. The applicant’s counsel submitted a service affidavit indicating that the notice was served by private mode and was returned unclaimed, implying completion of service. The court examined whether the unclaimed notice satisfied the requirement of service and whether the delay could be condoned. Relying on the service affidavit, the court held that service was complete and that the delay was excusable. Consequently, the court allowed the application, condoned the delay, disposed of the criminal application, and ordered the criminal revision to be registered and listed for hearing.

Issues considered

Whether a delay of 184 days in filing a criminal revision application can be condoned.
Whether service of notice by private mode is deemed complete when the notice is returned unclaimed.

Subjects

condonation of delay
criminal revision
service of notice
procedural law
High Court

Judgment

2026:BHC-AUG:46348

4978.25appln
(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

937 CRIMINAL APPLICATION NO. 4978 OF 2025
IN REVNST/13684/2025

KULDIP WALMIK KORE (KOLI)
VERSUS
PRIYA KULDIP KORE (KOLI) AND OTHERS
…..
Mr A. S. Mirajgaonkar, Advocate h/f Mr A. S. Radikar, Advocate for
Applicant
…..

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 01st OCTOBER, 2026

P. C. :

1. This is an application for condonation of delay of 184

days in filing criminal revision application.

2. Learned Advocate for the applicant has filed service

affidavit before this Court pointing out that in pursuance of the order

passed by this Court, he has served the respondents by private mode of

service. The report states that the notice has returned to the sender

with the remarks that it is unclaimed.

3. In view of aforesaid service affidavit, as the notice is not

claimed by the respondents, service is complete.
4978.25appln
(2)

4. For the reasons stated in the application, the same is

allowed. Delay is condoned. This Criminal Application is disposed

of.

5. Criminal Revision Application be registered.

6. In order to give one chance to respondents, list the

criminal revision application on 15/10/2026. If no one appears for

respondents on the next date of hearing, this Court shall proceed with

the matter in accordance with law.

[SUSHIL M. GHODESWAR, J.]
sjk

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