1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.235 OF 2009 IN CRIMINAL APPLICATION NO.203 OF 2009 Dattajirao Vishnupant Desai .. Applicant V/s. Dilip S.More & Anr. .. Respondents Mr.Sameer S.Tambekar for the Applicant. Mr.D.P.Adsule, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 29th, 2009. P.C. Heard learned Advocate Mr.Tamekar for the applicant. 2. It is the restoration application filed beyond the time of limitation to set aside the order of dismissal dated 12th March, 2009. It appears that for not taking steps against Respondent No.1 original acquittal accused, leave petition to prefer an appeal came to be dismissed. Said order dated 12th March, 2009 is challenged. Considering the matter at hand and in order to have an opportunity for 2 the applicant to redress his grievance on merits, present restoration application alongwith any delay in preferring the same is allowed. 3. Leave petition is restored to file. 4. This order is passed subject to the condition that the applicant to pay costs of Rs.2,000/- with the High Court Legal Services Authority, within three weeks from today. On such payment, the leave petition shall be restored to the file. 5. With these directions, the restoration application is disposed of. (A.R. JOSHI, J.)