1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.271 OF 2009 IN CRIMINAL APPLICATION NO.976 OF 2009 Mr.Shrikant Saranlal Gupta .... Applicant Vs. Mr.Parvez Rehamat Ahmed & Ors. .... Respondents Mr.Ditendra Mishra, Advocate for Applicant. Mr. D.M. Tailor, Advocate for respondent Mr.Y.S. Shinde, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 25th August, 2009 P.C. 1. This application is taken out for restoration of Criminal Application which was dismissed by the order dated 23rd April 2009. The order shows that the application had earlier been dismissed for default on 26th March 2009. However, it was restored on the same day on the oral request of the applicant with a direction to him to comply with the order dated 12th March 2009 of filing compilation in the Court within a period of two weeks. When the matter appeared on the board on 23rd April 2009, the applicant and his counsel were absent and matter came to be dismissed for default. The learned counsel for the applicant states that he could not attend the matter, as his Clerk did not inform him about the same. Though the reason given for non 2 attendance is not satisfactory, the applicant may be given a chance to have his main application heard on merits. Hence, the Criminal Application is allowed. The Criminal Application No.976 of 2009 is restored to file on the applicant’ paying costs quantified at Rs.3,000/- to be deposited with High Court Legal Services Authority, Mumbai within a period of one week from today. The Criminal Application No.976 of 2009 to appear on board for admission in the next one week. (SMT.R.P. SONDURBALDOTA,J)