1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 957 OF 2010 IN CRIMINAL APPLICATION NO. 956 OF 2010 IN CRIMINAL APPLICATION NO. 416 OF 2010 (Arvind Sahakari Bank Limited .v. Sudhakar Bapuraoji Gujar) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt. A.D. Borkute, Advocate for the applicant. CORAM : PRASANNA B. VARALE, J. 30TH NOVEMBER, 2010. Heard. This is an application for seeking condonation of delay of 23 days in filing application for restoration of Criminal Application No. 416 of 2010. Notice was issued to the respondent. None appears on behalf of the respondent. Though time was sought to file reply on behalf of the respondent on earlier occasion i.e. on 19th October, 2010, neither reply is filed nor the learned Counsel is present. For the reasons stated in the application and considering them to be good and sufficient, the delay is condoned. Application is allowed. CRIMINAL APPLICATION NO. 956 OF 2010 Heard the learned Counsel for the applicant. None appears on behalf of the respondent. It is stated in the application that inadvertently the application was not marked by the learned Counsel. Learned Counsel for the applicant submits that the mistake was bona fide and not deliberate. It is further submitted that for the mistake occurred on behalf of the Advocate, the parties should not suffer. In view of the submissions made by the learned Counsel for the applicant, the application is allowed. 2 Criminal Application No. 416 of 2006 which was dismissed in default vide order dated 05.08.2010 be restored to its file. JUDGE *rrg.