1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3276 OF 2008 IN CRIMINAL APPLICATION NO. 739 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.K.T.Shirpurkar,Advocatefor Applicant Shri.K.B.Deshpande,Advocate for Resp.No.2 .... CORAM: K.K. TATED, J. DATE : 15th NOVEMBER,2010. PER COURT : 1. Heard learned counsel for the applicant and learned counsel for respondent No.2. 2. Present application is preferred by the original complainant for recalling the order dated 12th September, 2010, and restoration of Criminal Application No. 739 of 2010, which was dismissed for default. 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. The learned counsel appearing for the applicant submits that on 12th September, 2008 the matter was listed on Board. On that day Advocate for Applicant-petitioner was suffering from loose motions, therefore, he could not attend or make arrangements to get the matter attended. He further submits that he gave explanation in para No.2 of the application for not attending the case on 12th September, 2008. 4. The learned counsel appearing for respondent No.2 opposed the same. 5. Considering the submissions advanced and explanation given in para No.2 of the application, the same is allowed in terms of prayer clause [A], which reads as under: “This Criminal Application may 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders kindly be allowed and this matter i.e. Criminal Application No.739/2008(D.I.D.dt.12.09.2008) may kindly be restored to its original file of this Hon’ble High Court, and this matter may kindly be finally heard and may kindly be disposed off on merits, on any date, as per this Hon’ble court’s convenience.” Sd/- [K.K. TATED, J.] MTK