IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4026 OF 2010 In APPLN/98/2010 SYED KARIM SYED AHMED SAUDAGAR VERSUS SHAIKH ANWAR SK MOHAMMED AND ANR ... Advocate for Petitioners : Mr. H.F.Pawar h/f Chavan Ravindra G APP for Respondents: Mr. S.G.Nandedkar for R-2. R/1 Served ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 24, 2011 ... PER COURT :- 1. Heard learned respective counsel for the parties. 2. This is an application preferred by the applicant for restoration of Criminal Application No.98/2010 at original stage, by setting aside the order of dismissal dated 13.9.2010. 3. For the reasons stated in the application, it appears that applicant has pleaded and proved the sufficient cause for his non appearance before the court on 13.9.2010, on which date Criminal Application No.98/2010 came tobe dismissed in default. Therefore, present application deserves to be allowed and opportunity is required to be given to the applicant to prosecute the said application on its own merits in the interests of justice. 4. In the result, present application is allowed in terms of prayer Clause 'A' thereof and order dated 13.9.2010 dismissing Criminal Application No.98/2010 stands set aside and said criminal application stands restored to file at its original stage, and it be fixed for admission on 12.12.2011 and present application is disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ... aaa/-