APPP.331-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 331 OF 2010 IN CRIMINAL APPLICATION No. 5956 OF 2004 T.C.I. Finance Ltd. ...Applicant Vs. Dharmendra Industries Ltd. & Ors. ...Respondents *** Mr. Alok Bagla i/b M/s. Bagla Dandekar & Co., for the Applicant. Mrs. M. R. Tidke, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : NOVEMBER 29, 2010 P.C. 1. Heard the learned counsel for the applicant. This is an application for restoration of the order dated 2nd April, 2008 which is a conditional order passed by this Court, directing the applicant to serve the unserved respondents. The learned counsel for the applicant submits that the applicant had in fact complied with the said conditional order. Since the conditional order was passed at the time when the respondent was yet to be served, issuance of notice, in my view, is not necessary, APPP.331-10 - 2 - particular, in view of the averments made in paragraph 10 and 11 of the application. The delay caused in filing the restoration application is condoned. 2. Since the applicant had already complied with the order dated 2nd April 2008, the order of dismissal of the criminal application for the alleged non compliance of said order, is set aside. The Criminal Application No. 5956 of 2004 is therefore, restored to the file. The criminal application is accordingly disposed of. [ V. M. KANADE J.]