1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRI. APPLICATION NO. 2984/2009 IN CRI. APPLICATION NO.2121/2008 Shri Deepak s/o Premchand Nandwani ..vs.. Sau. Harsha @ Shanti w/o Deepak Nandwani ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Smt. S.W. Deshpande, Advocate for applicant, Mr. A.H. Laddha, Advocate for non-applicant. CORAM:- R. Y. GANOO, J. DATED :- 29th SEPTEMBER, 2009. 1. By this application, the applicant wants to condone the delay in filing the application for restoration, which came to be dismissed on 6th January, 2009. 2. I have heard learned Advocates on both sides. 3. In the application it is not specifically pleaded as to when the applicant came to know about the dismissal of Criminal Application No.2121/2008. In my view, though the delay has not been explained, the delay can be condoned as the dismissal was on account of learned Advocate not appearing in the matter. In my view, this is a fit case where the applicant asked to pay cost of Rs. 2 1,000/- (Rupees One Thousand Only) to the non- applicant. For the reasons mentioned aforesaid, I pass the following order. i) On applicant depositing cost of Rs.1,000/- (Rupees One Thousand Only) in this Court on or before 9th October, 2009, the delay in filing the application for restoration shall stand condoned without any further orders. ii) If the costs are not deposited in the Court on or before 9th October, 2009, the application shall stand dismissed. iii) If the costs are deposited the application for restoration shall be kept on board for hearing on 14th October, 2009. iv) Costs when deposited as above, shall be paid over to the non-applicant without guarantee or security. JUDGE adgokar