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.3044/2009 IN CRIMINAL WRIT PETITION NO.488/2009 Mr. G.G. Kadam, advocate for applicant Mr. R.S. Shaikh advocate for respondent sole. CORAM : SHRIHARI P. DAVARE, J. DATE : 13TH JULY, 2010 1. Heard both learned respective counsel for the parties. 2. This is an application preferred by the applicant for restoration of the criminal writ petition No.488/2009 to its original stage. Learned counsel for the applicant submits that conditional order was passed by this Court on 17.6.2009 and petitioner was directed to deposit amount of Rs.14,000/- in this court within a period of four weeks. However due to non payment of said amount, within prescribed period, said writ petition came to be dismissed in view of the conditional order passed therein. 3. On the face of the aforesaid position learned counsel for the applicant submitted that he has already deposited Rs.5,000/- in the trial court. Moreover, by order passed by this Court on 2.12.2010 in criminal application No.3042/2009 the learned counsel for the applicant assures 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 before this Court that he would deposit remaining amount within two weeks. Accordingly, learned counsel for the applicant submits that applicant has deposited amount of Rs. 15,000/- in this Court within prescribed period i.e. on 10.2.2010. Thus it appears that applicant has deposited total amount of Rs.20,000/- i.e. Rs. 5,000/- before trial court and Rs.15,000/- before this Court. Learned counsel produced receipt dated 10.2.2010 regarding deposit of amount of Rs.15,000/- before this court, it is taken on record, marked by letter ‘X’ for identification purpose. 4. In the light of the aforesaid facts, present application deserves to be allowed and Criminal Writ Petition No.488/2009 which was dismissed due to non compliance of the conditional order, needs to be restored to its original stage in the interest of justice. 5. In the result, present application is allowed in terms of prayer clause ‘B’ thereof and Criminal Writ Petition No.488 of 2009 stands restored to its original position. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) Dt : 13.07.2010 aaa/3042.09 ****