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 APPLICATION NO. 3211 OF 2010 IN CRIMINAL APPLICATION NO.3489/2009. Mr. D.S.Bharuka advocate for the applicants. Mr. D.R.Korde APP for respondent No.2. CORAM : SHRIHARI P. DAVARE, J. Dated: August 05, 2011 ... 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants for setting aside the order of dismissal in default dated 24.11.2009, passed in criminal application No.3489/2011, and also for restoration of the said application on its original position. 3. It appears that criminal application No. 3489/2009 was dismissed in default due to absence of the applicants and their advocate on 24.11.2009. For the reasons stated in the application, it appears that applicant has pleaded and proved the sufficient ground for non appearance of the applicant and his advocate on 24.11.2009 and hence said order of dismissal of application No.3489/2009 dated 24.11.2009 deserves to be set aside and said application deserves to be restored to its original 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 stage, in the interest of justice. 4. Besides, since criminal application No. 3489/2009 was dismissed without issuance of notices to the respondents, at the admission stage, itself, present application can be considered without issuance of notices to the respondents to meet the ends of justice. 5. In the result, present application is allowed in terms of prayer clause ‘B’ thereof and order of dismissal dated 24.11.2009 stands set aside and criminal application No.3489/2009 stands restored to file, at its original position and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) aaa/- ***