bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 82 OF 2008 APPLICATION NO. 82 OF 2008 APPLICATION NO. 82 OF 2008 IN IN IN CRI. CRI. CRI. APPLICATION NO. 81 O 2008 APPLICATION NO. 81 O 2008 APPLICATION NO. 81 O 2008 IN IN IN CRI. CRI. CRI. WRIT PETITION NO. 14 OF 2007 WRIT PETITION NO. 14 OF 2007 WRIT PETITION NO. 14 OF 2007 Patodia Polytex Ltd. & ors. ... Petitioners v/s Ceat Financial Services & ors. ... Respondents Mr.K.C.Pandey for the petitioners. Mr.V.B.Pandey for the respondent No.1. Mr.D.P.Adsule, A.P.P. for the respondent No.5 state. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 21ST APRIL, 2008 21ST APRIL, 2008 21ST APRIL, 2008 P.C. P.C. P.C.: 1. This application has been filed for condoning the delay of 97 days in filing the Criminal Application No.81 of 2008. 2. Criminal Application No.81 of 2008 has been filed for restoring the criminal Writ Petition No.14 of 2007 which was dismissed on 30.10.2007. Since the advocate appearing for the petitioner was not present either in the morning session or in the afternoon session when the matter was called out, the petition was dismissed for want of prosecution. Thereafter, it appears that an 2 application was made stating that the applicants became aware of such an order had been passed only on 27.11.2007. An application was made for a certified copy in order to file an application for restoring the writ petition. It is contended that Mr.Mahendra Patodia who was one of the directors and who was to file an application for restoration, was suffering from diabetes and hypertension from 19.12.2007 to 28.2.2008. A medical certificate to that effect has been filed. 3. The application is opposed vehemently on behalf of the respondents by contending that there were other directors who could have filed the application for restoration; yet, no application was filed. 4. In my view, since the application has been filed by Mahendra Patodia who was suffering from medical condition as aforesaid, it would be appropriate to condone the delay. Sufficient and good reasons have been stated in the application for condoning the delay. Delay is therefore condoned. Criminal Application No.82 is allowed and disposed of accordingly. 5. For the reasons stated in the Criminal Application No.81 of 2008, the same is restored to file on condition of payment of costs of Rs.1000/- to be deposited with 3 the Maharashtra Legal Services Authority, within two weeks from today.