1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 411 OF 2009 IN CRIMINAL APPLICATION NO. 433 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Gaurao Belosay for the applicants. Respondent no.2 is present in person. Mr. A.S. Shitole, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 5TH DECEMBER 2009 P.C. : 1. By this application, the applicants pray for setting aside the order dated 8th April 2009 dismissing the Criminal Application No.433 of 2009 in default. 2. On 8th April 2009, the matter was called out twice. On both the occasions, the 2 applicants and their advocate were absent. Hence, the application was dismissed. 3. The restoration application is filed on 17th October 2009 and thus there is a delay of 126 days in filing this application. In the application, there is no explanation for the delay except the statement - “The Applicants further submit that the delay of 126 days in filing the present application is unintentional and inadvertent, and the same may be condoned by this Hon’ble Court.” When asked, learned counsel for the applicants submitted that the applicants and their advocate came to know of the order on the very day, i.e. 8th April 2009, when it was passed. Thus, the delay is not explained satisfactorily. The application is therefore dismissed as barred by limitation. (D.G. KARNIK, J.)