1 crap1223.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1223 OF 2011 IN CRIMINAL APPLICATION NO. 4724 OF 2010 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri Ramesh Kulkarni, advocate for the applicant Smt. Y.M.Kshirsagar, A.P.P. for respondent no.1 Shri N.K.Choudhari, advocate for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21 st June, 2011. PER COURT :- 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant for setting aside the order, dated 24.2.1011 and for restoration of Criminal Application No. 4724 of 2010 at its original stage. 3 Learned counsel for the applicant submits that Criminal Application No. 4724 of 2010 was listed on Board on 2 crap1223.11 18.2.2011, but since the advocate for the applicant was absent, it was adjourned to 24.2.1011, but on the said date also, the advocate for the applicant was not present before the court, and therefore, the said application came to be dismissed for non-prosecution. 4 In the said context, advocate for the applicant submits that due to shifting of the house and office, he was unable to remain present on both the said dates and due to his fault his client should not suffer and the applicant is ready and willing to pay minimum costs to the Library, if the said application is restored. 5 Learned counsel for the respondents opposed the present application vehemently and submitted that it bears no substance and same is devoid of any merits and same be rejected. 6 Considering the contents of the application and also considering the rival submissions advanced by the learned counsel for the parties, apparently, Criminal Application No. 4724 of 2010 came to be dismissed on 24.2.2011 in default and for non-prosecution. Thereafter, the applicant has preferred present application on 17.3.2011, and therefore, there is no bar of any limitation. 3 crap1223.11 7 Besides, the ground put forth by the applicant for his non-appearance in the present application appears to be sufficient ground, and hence, present application is required to be allowed in the interest of justice, but subject to payment of costs of Rs.500/- by the applicant to the Library. 8 In the result, present application is allowed in terms of prayer clause ‘C’ and the order dated 24.2.2011, passed in Criminal Application No. 4724 of 2011 stands recalled and said application stands restored at its original stage, subject to payment of costs of Rs.500/- by the applicant to the Library, within the period of two weeks, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap1223.11