1 crappw333-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURSIDICTION CRIMINAL CIVIL APPLICATION NO. 333 OF 2011 IN CRIMINAL WRIT PETITION NO. 1804 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. Ram Upadhyay for the applicants. Respondent No.1 present in person. Mr. A. R. Patil, APP for respondent No.2 – State. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 18, 2011. P.C.: Heard the learned counsel appearing for the applicants and the respondent No.1 appearing in person. This is an application for restoration of the Writ Petition which was dismissed in default on 8th July, 2011. The first respondent appearing in person has filed a reply opposing the application. He pointed out that the Petition was earlier dismissed on 6th June, 2011 and was restored. His submission is that there is no case on merit. 2 crappw333-11 2. Perused the averements made in the application. The Advocate appearing for the applicants was absent when the Writ Petition was called out. Hence, a case for restoration is made out, subject to applicants paying costs to the first respondent. 3. Accordingly Criminal Application is allowed and Criminal Writ Petition No.1804 of 2010 is restored to file subject to condition of the applicants paying costs of Rs.5,000/- to the first respondent within a period of four weeks from today. If compliance is made by making payment of costs, the Writ Petition shall be placed for admission. (A.S.OKA, J.)