-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CRIMINAL CRIMINAL CRIMINAL MISC. APPLICATION NO.172 OF 2007 MISC. APPLICATION NO.172 OF 2007 MISC. APPLICATION NO.172 OF 2007 IN IN IN CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1499 OF 2005. WRIT PETITION NO.1499 OF 2005. WRIT PETITION NO.1499 OF 2005. .............................................................. Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions Judge’s orders. & Registrar’s orders. .............................................................. Mr.Vinod Nair, h/f. Mr.Unnikrishnan, for the Applicant. Mr.Piyush P. Parikh, for the Respondent No.1. Mr.J.P.Yagnik, APP, for the Respondent-State. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : 13TH AUGUST, 2008 : 13TH AUGUST, 2008 : 13TH AUGUST, 2008. P.C.: P.C.: P.C.: 1. Heard the Advocate for the Applicant and the Advocate for the first Respondent. The Writ Petition filed by the Applicant has been dismissed for non-prosecution on account of the failure of the Applicant to remove office objections in terms of order dated 15th June 2006. This Application is opposed by the learned Counsel appearing for the first Respondent by submitting that no case is made out for restoration. 2. In view of the averments made in -2- paragraph nos. 2 and 3 of the Application, a case for restoration is made out. However, the Applicant will have to pay costs to the first Respondent. 3. Hence, I pass the following order :- (1) The Application is allowed in terms of prayer clauses (a) and (b), subject to a condition that all office objections in Writ Petition will be removed within a period of six weeks from today. If office objections are not removed within the stipulated period, the order of dismissal of the Writ Petition will stand. (2) The Applicant will pay costs of Rs.3,000/- to the first Respondent within a period of four weeks from today. Payment of costs will be a condition precedent. [ A.S.OKA, A.S.OKA, A.S.OKA, J.] J.] J.]