1 Cri-A-5-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMNAL APPLICATION NO. 5 OF 2011 IN CRIMINAL APPLICATION NO. 365 OF 2009 IN CRIMINAL APPLICATION NO. 4544 OF 2008 M/s. N.I. Plast India ... Applicant vs. 1. M/s. Multimedia Enterprises ) 2. The State of Maharashtra ) Respondents Mr. Mahesh Subramanium, i/b. S.V.Pitre,Advocate, for the applicant. Mr. Sachin M. Patil, Advocate, for the respondent No.1 – State. Mr. Y.S.Shinde, APP, for the respondent No.2 – State. CORAM: J.H.BHATIA,J. DATE : 23rd September, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The applicant seeks restoration of Criminal Application No.365/2009. The original Application No.4544/2008 was filed seeking leave to prefer appeal and in that matter, conditional order dated 12.1.2009 was passed whereby the applicant was to serve the respondent and to file affidavit of service before the next date i.e. 18.2.2009, failing which the matter was to stand dismissed. According to the learned Counsel for the applicant, the service was completed, but 2 Cri-A-5-11.sxw affidavit of service was filed two days after due date and therefore because of the conditional order the application was dismissed in default. For restoration of that application, Criminal Application No.365/2009 was filed. However, that application was dismissed in default on 6.12.2010 and the present application is filed for restoration of that application also. 3. In view of the facts and circumstances noted above, subject to the applicant depositing an amount of Rs.2,000/- as costs with the State Legal Aid Authority within two weeks from this day, Application No.5/2011 is hereby allowed and the Application No.365/2009 is hereby restored to file. 4. Application No.365/2009 is allowed and Criminal Application No. 4544/2008 is restored to file and the same be listed for admission on 13.10.2011. 5. If the cost is not deposited within two weeks, Application No.5/2011 shall be deemed to have been dismissed. (J.H.BHATIA,J.)