1 APPP 121-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.121 OF 2011 IN CRIMINAL APPLICATION NO.487 OF 2006 Suresh Maikulal Gupta .Applicant V/s. Sanjay Fatehpuria & anr. .Respondents Mr.Subodh Desai i/b. M/s.Dhruve Liladhar & Co., Advocate, for the Applicant Mr.S.V.Pandey, Advocate, for Respondent No.1 Mrs.P.H.Kantharia, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 13TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for condonation of delay of 1228 days in seeking restoration of Criminal Appeal No.487 of 2006. The application was kept back in the morning because Advocate S.V.Pandey was to appear for respondent No.1. He has, however, appeared 2 APPP 121-2011 now. The applicant has candidly admitted the delay as well as lapse in having secured presence on account of inadvertence of the advocate for which the applicant must suffer. The application is allowed subject to applicant's depositing costs of Rs.5000/- to be paid to respondent No.1 -accused within a period of two weeks. If the costs so paid in the registry of this Court, delay would be condoned and application would be restored. (R.C.CHAVAN, J.)