1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1833 OF 2001 IN CRIMINAL APPLICATION NO.1909 OF 1993 Moinoddin Chand Saheb Shaikh and another Applicants versus Thavru Baku Radhod and another Respondents M.V.Changule for applicants. Y.M.Nakhawa, APP for the State. CORAM : A.S.OKA, J. DATE : 29th June 2009 PC : 1. The advocate for the applicants states that acknowledgement of service of private notice has been received and notice has been duly served to the first respondent. The acknowledgement shall be filed on record along with an affidavit within a period of two weeks from today. 2. None appears for the first respondent. Criminal Application No. 1909 of 1993 has been dismissed for default as none appeared for the applicants when the application was called out for final hearing. There is no reply filed to this application by the first respondent. In view of the averments made in the application, a case for restoration is made out. 2 Accordingly, Criminal Application No.1909 of 1993 is restored. The advocate for the applicant to give notice of restoration of the said application to the first respondent. The affidavit of service to be filed within four weeks from today failing which the Criminal Application No. 1909 of 2003 will stand dismissed for non prosecution. If compliance is made, the said application shall be placed on final hearing board on September 2009. (A.S.OKA, J.)