IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPLICATION NO.542 OF 2008 AND CRIMINAL APPLICATION NO.541 OF 2008 ------------------------------------------------------------------ Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ------------------------------------------------------------------ Mr.Amit Shirsath i/by Mr.P.S.Mhaske for the applicant in both the applications. Mr.Y.S.Shinde, A.P.P for the State in both the applications. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 13th March 2009. : 13th March 2009. : 13th March 2009. P.C.: . Heard learned advocate for the applicant and advocate for the 1st respondent. These applications are opposed by the advocate for the 1st respondent. The advocate for the 1st respondent pointed out that there is no explanation for delay of 540 days. 2. The applications for leave filed by the applicant has been dismissed on account of non compliance with order dated 15th February 2007. The application was dismissed as office objections were not removed within the stipulated time. 3. In Application No.542 of 2008 the applicant (2) has stated that in terms of the order dated 15th February 2007, affidavit of service was required to be filed on or before 15th March 2007. However, the affidavit was filed on 20th March 2007. It is also stated that the erstwhile advocate on record stopped practising as he had taken up a job and therefore in June 2008 the applicant appointed another advocate. The said advocate made enquiry and found that the application was shown as dismissed for non compliance with order dated 15th February 2007. 4. In my view, there is sufficient explanation for delay. Hence, delay deserves to be condoned and the application deserves to be restored. 5. Hence, Criminal Application No.542 of 2008 is allowed in terms of prayer clauses (a), (b) and (ba). Criminal Application No.541 of 2008 is allowed in terms of prayer clauses (a) and (b). The application for leave shall be placed for admission on 21st March 2009. It is made clear that no adjournment will be granted on that day. (A.S.Oka, J)