303crn349.09.sxw 1. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRI. APPLICATION NOs. 349 & 350 OF 2009 IN CRI. W. P. NO. 174 OF 2008 (D) Tessy Joseph Thomas Rebello & another Vs. Seth Wilsonlal & others Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri JA Anthony, Adv. for the applicants. A. P. P. for the State. Coram : R.C. Chavan, J. Dated : 30th March, 2009 CRI. APPLN. NO. 349/2009 : This is an application for condonation of delay of 5 days in filing an application for restoration of the matter which was dismissed in default on 19/12/2008. The learned Counsel for respondent No. 1 states that the reasons given are not satisfactory. Respondent No. 2 has not filed any reply. It is true that applicant should be more articulate in explaining delay of five days which was caused in presentation of application for restoration. However, this can be compensated by costs. The application is, therefore, allowed subject to applicant's paying to both respondents No. 1 & 2 costs of Rs. 500/- (rupees five hundred) each. Upon depositing the costs within a period of one week, delay shall stand condoned. If costs are not so paid, the application shall stand rejected. 303crn349.09.sxw 2. CRI. APPLN. NO. 350/2009 : This is an application for restoration of the petition dismissed in default. The learned Counsel for respondent No. 1 raised objection that according to him the petitioners are in habit of allowing the matters to go in default and on that pretext prolonging the matter i.e. Criminal Case No. 100 of 2005 which is pending before the Judicial Magistrate, First Class, Nagpur. Now, since there is no stay, there is no reason for the learned Magistrate not to proceed with the matter. Therefore, restoration of the application is unlikely to prejudice respondent No. 1. However, such restoration will have to be allowed at cost since it is negligence of the applicant which led to dismissed of the application in the first place and dragged the respondent again before this Court. The application is therefore, allowed subject to costs of Rs. 1,500/- (rupees one thousand five hundred only) each to respondent Nos. 1 & 2 to be paid within a period of two weeks, failing which the application shall stand rejected. Upon depositing the costs, the respondents would be entitled to withdraw the same. JUDGE wwl