1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 265 OF 2009 IN CRIMINAL APPLICATION NO. 120 OF 2009 IN CRIMINAL APPEAL NO. 1013 OF 2009 Deendayal Memorial Hospital ... Applicant Vs. The State of Maharashtra and Anr ... Respondents Mr. Amol Deshpande, for the Applicant Mr. S.V. Gajare, APP for the Respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 7th September, 2009. PC : Learned counsel appearing for the applicant submits that this application for restoration is filed against the order of dismissal for want of compliance of the service to respondent No.2 on or before 30th April, 2009. Learned counsel appearing for the applicant submits that he has served notice but he could not receive RPAD receipt before 30th April, 2009 and he could not file affidavit of service. Under this circumstances the Cri. Application No. 120 of 2009 for leave to 2 appeal in Cri. Application No. 1013 of 2009 was dismissed. Hence, the application for restoration is allowed and the matter is restored by condoning the delay. Appellant to serve the notice again on the correct address of respondent No.2 and file RPAD receipt along with affidavit of service returnable after 6 weeks. (MRIDULA BHATKAR, J.)