1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1380 OF 2009 Subhash S/o Ganpatrao Nimbalkar .... APPLICANT V E R S U S Sanjay S/o Prataprao Patil .... RESPONDENT Shri. A.R.Mohane, Advocate. for Applicant. [ CORAM : R.M.BORDE, J. ] DATE : 08/06/2009 ------------------------------------------ PER COURT : 1. This is an application seeking condonation of delay of 142 days occured in presenting the application for restoration of Appeal. The Appeal presented by the applicant along with an application U/s 378 (1) of Code of Criminal Procedure was pushed for hearing, on 4/9/2008, however, as the counsel for the applicant was not present when the 2 matter was called out, the application came to be dismissed. Another Criminal Application No. 3279 of 2008 presented by the applicant seeking revocation of the earlier order of dismissal in default also came to be rejected on account of the failure of the counsel to remain present in the Court when the application was called out for hearing. The instant application is presented for revocation of the order passed on 4/9/2008 and for restoration of the Appeal and the application. 2. Heard Shri. A.R.Mohane, counsel appearing for applicant. For the reasons stated in the application, the application deserves to be allowed. The order passed by this Court on 4/9/2008 is recalled and the matter is restored to its original number. [ R.M.BORDE ] JUDGE knp/CRIAPPLN1380.09