1 1628.11 Cri.Appln IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1628 OF 2011 in CRIMINAL APPLICATION NO. 1079 OF 2008 in CRIMINAL APPEAL NO. 220 OF 2008 Bhikaji S/o Tukaram Sashimahal APPLICANT VERSUS Sunil S/o Shriram Joshi & another RESPONDENTS ..... Shri R.K. Ashtekar, Advocate for the applicant Shri S,C, Sarda, Advocate for respondent Nos. 1 & 2 ..... CORAM : U.D. SALVI, J. DATED : 14 th September, 2011. PER COURT : 1. Heard. Perused application and the record. 2. It revealed that application for grant of leave to prefer an appeal was dismissed in default on 6-08-2009 and the fact of said dismissal was not communicated to the applicant by the concerned Advocate. It is in these circumstances, the applicant could only know about the fact of dismissal of the application, when he approached the concerned Advocate, and thereafter, moved an application for certified copy on 18-02-2011. The applicant further submits that after obtaining No Objection from the 2 1628.11 Cri.Appln previous Advocate and collecting the papers, he could file this application for restoration of Criminal Application No. 1079/2008, for grant of leave under Section 378(4) of Criminal Procedure Code, 1973. 3. It is submitted on behalf of respondent that there has been dismissal of the leave application previously, and the cause for delay is not explicit. 4. No reply controverting the said facts has been filed. It may appear that the delay was not intentional but it does signify laxity on the part of the applicant. Hence order. ORDER i] Delay is condoned and leave application No. 1079/2008 is restored subject to payment of cost of Rs. 3,000/- (Rs. Three thousand only) within a period of two weeks Criminal Application No. 1709/2008 be listed after deposit of the said amount with the registry. ii] Criminal Application No. 1628/2010 stands disposed off accordingly. ( U.D. SALVI, J. ) SDM* September-11