FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLN/3210/2010 ,In APPLN/3489/2009 BHAGWAN BHAVARLAL DAYMA AND ORS VERSUS SHAIKH HANIF SHAIKH SALIM MIYAN AND ANR ... Advocate for Petitioner(s) : Mr. Bharuka D.S. APP for Respondent(s): Mr. D.R. Korde. for R-2. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 05, 2011 ... 1. Heard learned counsel for the parties. At the request learned counsel for the applicants leave granted to amend the present application in respect of number of days of delay and prayer clause. Amendment to be carried out forthwith. 2. This is an application preferred by the applicants seeking condonation of delay of 230 days, caused in filing accompanying Criminal Application for restoration. 3. For the reasons stated in the application, it appears that applicant has explained said delay satisfactorily. Moreover, Criminal Application No. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3489/2009 was dismissed in default at the admission stage itself, without issuance of notices to the respondents. Present application can be allowed without issuance of notices to the respondents. Moreover, it also appears that said delay is not wilful, deliberate and intentional and hence same deserves to be condoned in the interest of justice. 4. In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 230 days caused in filing accompanying Criminal Application stands condoned and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) aaa/- ***