vrd 1 APPW298/13 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.298 OF 2013 IN CRIMINAL APPLICATION NO.299 OF 2013 IN CRIMINAL WRIT PETITION NO.589 OF 2009 M/s Ivory Carpets Pvt.Ltd. and others ...Applicants v/s The State of Maharashtra and anr. ...Respondents Mr R.S. Yadav for Applicants. Mr A.R. Patil, APP for Respondent No.1. Ms Kanchan S. Kambli i/b Ms Vandana for Respondent No.2. CORAM : K.U. CHANDIWAL J. DATED : 12TH AUGUST 2013. P.C. :- 1. Heard. Earlier order in the morning, dismissing the application, is recalled. On 8th June, 2009, the learned Counsel for applicants was directed to serve private notice to the Respondent No.2 and to file affidavit before the next date i.e. upto 11th August 2009. 2. The learned Counsel says, notice was vrd 2 APPW298/13 dispatched to the respondent No.2 – M/s Freightlog Forwarders India Pvt.Ltd. on 1st July 2009 and there was an acknowledgment on postal receipt sent by Mr Yadav, Advocate. According to the learned counsel, the same was tendered before this Court with affidavit, however, it was on 12th August 2009 one or two days late than the expected time. 3. The Office felt that there was non- compliance of order dated 8th June 2009 and it was dismissed. The learned counsel says, he could not keep track of the matter and hence there is inordinate delay of around four years. 4. Office to verify and place before this Court affidavit referred to above, copy of notice and postal acknowledgment, if any. S.O. to 5th September 2013. ( K.U. CHANDIWAL J.)