1 crap474.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 474 OF 2011 IN CRIMINAL APPLICATION NO. 284 OF 2009 Dr. Dayasagar Baburao Javkar ...Applicant VERSUS The State of Maharashtra & anr. ...Respondents ..... Smt. Vanita H. Sangole, advocate for applicant Shri S.G.Nandedkar, APP for respondent no.1 Ms Sadaf Kazi, advocate for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14 th March, 2011 PER COURT : 1 Heard learned counsel for the applicant. Issue notices to the respondents. Shri S.G.Nandedkar, APP waives service of notice for respondent no.1, and Ms Sadaf Kazi, advocate waives service of notice for respondent no.2. 2 crap474.11 2 This is an application preferred by the applicant for setting aside the order dated 10.1.2011, passed by this court, dismissing Criminal Application No. 284 of 2009 in default and for restoration of the said application. 3 Learned A.P.P. and learned counsel for respondent no.2 opposed the present application vehemently and submitted that the applicant never appeared in Criminal Application No. 284 of 2009, and therefore, court notices were issued to the applicant, but despite of the said position, there was no response of the applicant, and hence, consequently, the said application came to be dismissed in default, and therefore, submitted that there is no substance in the present application and same deserves to be dismissed. 4 Considering the contents of the application and also considering the rival submissions advanced by the learned counsel for the parties, apparently, it appears that the applicant has pleaded and proved the sufficient cause for his non-appearance before the court on 10.1.2011, on which date the said Criminal Application No. 284 of 2009 came to be dismissed in default. 5 Besides that, it appears that the present application for restoration has been preferred by the applicant within the period of 3 crap474.11 limitation i.e on 21.1.2011 after dismissal of Criminal Application No. 284 of 2009 on 10.1.2011, and hence, there is no impediment in allowing the present application. 6 In the result, present application is allowed in terms of prayer clause ‘A’ thereof and the order of dismissal in default of Criminal Application No. 284 of 2009 dated 10.1.2011 stands recalled and the said application stands restored to file at its original position and present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap474.11