IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.430 OF 2008 IN WRIT PETITION NO.1597 OF 2008 Bhansali Textiles Mills Pvt.Ltd.& Ors. .. Applicants V/s. Mahendra Enterprises & Anr. .. Respondents Mr.J.J.Thakker for the Applicant. None for Respondent No.1. Ms.P.P.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 3RD, 2009. P.C. Heard the learned counsel for the Applicant original Writ Petitioner. None for the Respondent except the State of Maharashtra. Respondents are reportedly served as stated by Advocate of the Applicants. 2. It is the restoration Petition in which 56 days delay is caused in preferring such restoration application on dismissal of the 1 Writ Petition. Said Writ Petition came to be dismissed in view of the order passed by this Court dated 11th September, 2008 in which directions were given to Petitioner to issue notice to second Respondent, returnable on 16th October, 2008. In addition to the service report, Advocate for the Petitioner was directed to serve private notice. It was further directed that if affidavit of service is not filed before the returnable date, the Petition shall stand dismissed for non prosecution without further reference to the Court. It is stated before this Court that prior to next date i.e. prior to 16th October, 2008, Respondent No.2 was already served, however, appearance on behalf of the said Respondent was filed on 20th October, 2008 and due to inadvertence, the service affidavit remained to be filed and on that count there was dismissal of the writ petition No.1597 of 2008. 3. Considering the circumstances, in the opinion of this Court, the present Restoration Application can be allowed on certain conditions and imposing certain costs. Hence, the order : :: O R D E R :: i. The criminal Application is allowed on the conditions that the Applicant depositing an amount of Rs.1,000/- with Maharashtra Legal Services Authority, 2 Mumbai. On such deposit, criminal Writ Petition No.1597 of 2008, shall be restored to the file and be assigned before appropriate Court for hearing in due course. With these directions, Criminal Application is disposed of. ii. The interim orders, if any earlier passed to be effective only after depositing of the costs as mentioned above and on revival of the Writ Petition. (A.R. JOSHI, J.) 3