1 (appp 297 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 297 OF 2010 ALONGWITH APPLICATION NO. 3896 OF 2008 IN CRIMINAL APPEAL NO. 226 OF 2008 M/s. Kochar Combine ...Applicant Vs. Shri Mahalsa Siddhi Creations and Ors. ...Respondents **** Mr.P.V. Dhopatkar for Applicant Mr.Ramprakash pandey for Respondent Nos.1 and 2 Mr.S.r. Shinde -APP for the State **** CORAM: V.M. KANADE J. DATE: 20th July, 2012 P.C. 1. An application is made for speaking to the minutes of the order dated 29th April, 2010 which was passed in Criminal Misc. Application No. 3896 of 2008. 2. It is submitted that Criminal Application No. 297 of 2010 was filed by the Applicant for restoration of Criminal Application No. 3896 of 2008 which was dismissed for want of prosecution in view of the conditional order passed by the Learned Single Judge dated 19th January, 2009. In the said order, it was stated that if the affidavit of service is not filed before the returnable date, the application would stand dismissed without further reference to the Court. Since the 1/2 2 (appp 297 of 2010) affidavit of service was not filed, Criminal Application No. 297 of 2010 was taken out for restoring the application No. 3896 of 2008 after condoning the delay. Both the Criminal Application Nos. 297 of 2010 along with 3896 of 2008 were placed on the board before this Court on 29th April, 2010. It is submitted that on the said date, both the parties were present in the Court and the learned counsel for both the parties had mentioned that since the parties have amicably settled the dispute, the criminal application itself may be disposed of. It is submitted that, however, the fact about restoration of the criminal application remained to be pointed out and, therefore, no consequential order was passed in the other criminal application. 3. I have perused the record. It does appear that no reference has been made about the Criminal Application No. 297 of 2010 in the order dated 29th April, 2010 and no separate order appears to have been typed in Criminal Application No. 297 of 2010. The order is, accordingly, modified. It is clarified that the criminal Application No. 297 of 2010 is allowed in terms of prayer clauses (a) and (b) and after restoration of Criminal Application No. 3896 of 2008, the order dated 29th April,2010 was passed. With these directions the applications are disposed of. (V.M. KANADE J.) V.A. Tikam 2/2