-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.256 OF 2008 APPLICATION NO.256 OF 2008 APPLICATION NO.256 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.763 OF 2001 WRIT PETITION NO.763 OF 2001 WRIT PETITION NO.763 OF 2001 AND CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.257 OF 2008 APPLICATION NO.257 OF 2008 APPLICATION NO.257 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.836 OF 2001 WRIT PETITION NO.836 OF 2001 WRIT PETITION NO.836 OF 2001 .............................................................. Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions Judge’s orders. & Registrar’s orders. .............................................................. Mr.Ajay Rao, i/b. R.R.Sharma, Mr.M.R.Deshpande, for the Respondent No.1. Mrs.P.P. Shinde, APP, for the Respondent-State, in Crim.Appln.No.256/2008. Mr.Y.M.Nakhawa, APP, for the Respondent-State, in Crim.Appln.No.257/2008. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : 29TH AUGUST, 2008 : 29TH AUGUST, 2008 : 29TH AUGUST, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocates for the parties. The Applications are opposed by the Advocate appearing for the first Respondent. 2. Apart from any other controversy, the fact remains that the Writ Petitions were dismissed for default as the Advocate for the Petitioners was absent. For the -2- absence of their Advocate, the Applicants cannot be allowed to suffer. Hence, Applications are allowed. Writ Petitions are restored. The Writ Petitions shall be placed on final hearing board of 1st September 2008. It is made clear that no further adjournment will be granted to the Petitioners. [ A.S.OKA, A.S.OKA, A.S.OKA, J.] J.] J.]