-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 522 OF 2007 M/s. Express Talent : Petitioners v/s Mr. Himdayl Singh @ Raj Singh Arora and anr. : Respondents Shri Gupta i/b Mr. A.M. Saraogi Advocate for Petitioner Shri A.T. Javeri APP Advocate for respondents Coram : A.S. Oka,J. Date : 16.4.2009 P.C. . On 10.7.2008 this court passed an order directing the petitioner to serve private notice to the first respondent. In the said order it is stated that if affidavit of service is not filed before 29.8.2008, the petition will stand dismissed for non prosecution without further reference to the court. . The learned counsel appearing for the petitioner has placed reliance on affidavit of service dated 20.8.2008. However the perusal of the said affidavit shows that it is not an affidavit of service but it is an affidavit of dispatch of notice. As affidavit of service has not been filed within the time stipulated in order dated 10.7.2008, the conditional order has become operative. The petition stands dismissed for non prosecution. (A.S. Oka,J.)