-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.247 OF 2008 APPLICATION NO.247 OF 2008 APPLICATION NO.247 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1431 OF 2002. WRIT PETITION NO.1431 OF 2002. WRIT PETITION NO.1431 OF 2002. .............................................................. Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions Judge’s orders. & Registrar’s orders. .............................................................. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : 21ST AUGUST, 2008 : 21ST AUGUST, 2008 : 21ST AUGUST, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel appearing for the Applicant and the learned Counsel appearing for the Respondent Nos.1 and 2. The Application is opposed by the Respondent No.1 & 2 by contending that there is a gross delay of five years. 2. The Writ Petition has been dismissed for non-prosecution on the ground of non-removal of the office objections. In view of averments made in paragraph nos.4 to 7 of the Application, a case for restoration is made out. The Applicant cannot be allowed to suffer as the Writ Petition is dismissed on technical ground -2- on non-removal of objections. 3. The prejudice which may be caused to the first and the second Respondent can be compensated by ordering payment of costs. 4. Hence, the Application is allowed in terms of prayer clause (a). The Applicant will pay costs of Rs.2,500/- to the Respondent Nos.1 and 2 within a period of six weeks from today. 5. The Applicant will file in this Court within a period of four weeks from today, typed copies of all the exhibits on ledger paper. After the typed copies are supplied, the Registry will take steps for reconstruction of the file of the Writ Petition. After the papers of the Petition are reconstructed, the Petition shall be placed on final hearing board of 29th September 2008. [ A.S.OKA, A.S.OKA, A.S.OKA, J.] J.] J.]