1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 342 OF 2009 IN CRIMINAL APPLICATION NO. 99 OF 2009 IN CRIMINAL WRIT PETITION NO. 2225 OF 2007 Devendra S. Doctor ..Applicant Vs. 1. Union of India and ors. ..Respondents Mr. Khambata, Addl. Solicitor General with Mr. J.C. Satpute and Mr. A.S. Gadkari for applicant-CBI. Smt. V.R. Bhosale, APP for State. Mr. Suresh Kumar for Income Tax Department. Mr. Devendra S. Doctor, Applicant party-in-person in Cri.Appln.No.99/09 present. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. October 08, 2009. P.C. 1. Heard Mr. Khambata, the learned Additional Solicitor General along with Mr. Satpute, the learned standing counsel for applicant – CBI. Smt. Bhosale, the learned APP, appears for State. Mr. Suresh Kumar appears for Income Tax Department. Mr. Devendra S. Doctor, Applicant party-in-person, in Cri.Appln. No. 90 /09 is present. 2. In Criminal Application No. 99 of 2009 we had passed an order on 18/8/2009 recording the failure on the part of the CBI in placing a copy of the draft charge-sheet before this court pursuant to the earlier order passed by Court No.1 on 16/1/2009 and, 2 therefore, directed the application to be listed before Court No.1. Criminal Application No. 99 of 2009 accordingly came to be heard by Court No.1 and it has been noted in the order dated 18/8/2009 that a copy of the draft charge-sheet was, in fact, filed in a sealed cover on 6/2/2009 and it was lying with the Registry of this court. It is apparent that the sealed cover was not placed before us by the Registry and only one envelope which contained the status report was placed before us. Under these circumstances, Criminal Application No. 342 of 2009 has been filed by the CBI, praying for recall of our order dated 18/8/2009. 3. Hence, our order dated 18/8/2009 is hereby recalled and application stands allowed accordingly. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)