1 ndm 58 appr.84.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 84 OF 2010 IN CRIMINALREVISION APPLICATION NO. 253 OF 2009 A. M. Ahamad. ... APPLICANT Vs. The State of Maharashtra and anr. ... RESPONDENTS -------- Mr. S.R. Ingule for Applicant. Mr. S.A. Shaikh, APP for State. Mrs. Pushpa H. Goswami for Respondent No.2. -------- CORAM : B.R. GAVAI, J. DATE : 01 st April, 2010. P.C. 1 This is an application for restoration. The dismissal is on two grounds, one is that the Applicant has not complied with the conditional order dated 06 th May, 2009 and the second is that the matter was called out twice, the counsel for the Applicant did not remain present. 2 Normally, the Courts are liberal in restoring the matter dismissed for default. However, since in the present matter, the dismissal 2 is also for non-compliance with the conditional order. The learned counsel for the Applicant was asked as to whether the Applicant is willing to deposit the amount of compensation. The learned counsel for the Applicant clearly submits that the Applicant’s financial position is not such, which should permit him to deposit the amount. 3 In that view of the matter, no case is made out for restoration. Hence rejected. [ B.R. GAVAI, J ]