* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 311 OF 2009 (FOR RESTORATION) IN CRIMINAL APPLICATION NO. 796 OF 2009 [ Shamji Hirji Shah V/S. Dhanji Velji Gala & anr. ] Office Notes,Office Memoranda of Coram, appearances, Court’s order or Court’s or Judge’s orders directions and Registrar orders Mr.Kapil Dave, adv.for applicant. Ms.Mallika Ingale, adv.for respondent no.1. Mr.S.R.Shinde, APP for State-respondent no.2. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 3RD AUGUST, 2009. P.C. : 1. Heard counsel for both sides. 2. This application is filed for restoration of Criminal Application No.796 of 2009 which was dismissed for non-compliance with the order dated 23rd March, 2009. By the said order, the applicant was directed to serve notice upon respondent no.1 * 2 * and file affidavit of service before the returnable dated. The learned counsel for the applicant submits that the applicant had served the notice pursuant to the order but could not file affidavit of service within the time granted. The fact that respondent no.1 was served with the notice of the application is not denied by the learned counsel for respondent no.1. In that circumstance, the application is allowed by condoning the delay. Criminal Application No.796 of 2009 is restored to file and adjourned to next week. [JUDGE]