1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 345 OF 2009 IN CRIMINAL APPLICATION NO. 651 OF 2009 IN CRIMINAL APPLICATION NO. 3651 OF 2005 M/s. Dee Pharma Limited & Anr. ..Applicants versus Krishna Texport Industries & Anr. ..Respondents Mr. Neeraj Singh for Applicants. Mr. Yashpal Thakur i/b. M/s. Paras Kuhad & Associates for Respondent No. 1. Mrs. R. V. Newton – APP for State. CORAM : S. A. BOBDE, J. DATED : 4TH AUGUST, 2009. P.C. : 1. Heard. 2. This is an application for restoration of Criminal Application No. 651 of 2009 which was dismissed for non prosecution by the Order dated 24th June 2009. It appears from the averments that the matter was dismissed due to some failure on the part of the Advocate to keep his eye on the case. Thereafter it seems there was bereavement in the family of the Advocate 2 and he has to go to Chhattisgarh. In Chhattisgarh he was informed that the matter is likely to be taken up on 24th June 2009. In the circumstances, the Advocate for the Applicant could not attend on that day since he was in Chhattisgarh and the matter came to be dismissed in default. 3. Having regard to the circumstances of the case, there seems sufficient cause for allowing application for restoration. The Application is allowed however subject to payment of costs of Rs.10,000/- (Rupees Ten Thousand) to the Respondent No.1. 4. List Criminal Application on 10th August, 2009. (S. A. BOBDE, J.)