1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL(MISC.) APPLICATION NO.7267 OF 2005 CRIMINAL(MISC.) APPLICATION NO.7267 OF 2005 CRIMINAL(MISC.) APPLICATION NO.7267 OF 2005 IN IN IN RESTORATION APPLICATION NO.7266 OF 2005 RESTORATION APPLICATION NO.7266 OF 2005 RESTORATION APPLICATION NO.7266 OF 2005 IN IN IN CRIMINAL WRIT PETITION NO.1249 OF 2005 CRIMINAL WRIT PETITION NO.1249 OF 2005 CRIMINAL WRIT PETITION NO.1249 OF 2005 Sunil Kisan Wakode ...Petitioner Sunil Kisan Wakode ...Petitioner Sunil Kisan Wakode ...Petitioner Vs. Vs. Vs. The General Manager The General Manager The General Manager State Bank of India & Ors. ...Respondents State Bank of India & Ors. ...Respondents State Bank of India & Ors. ...Respondents ----- ----- ----- Mr.P.S.Tiwari & Mr.K.M. Yadav for Petitioner Mr.P.S.Tiwari & Mr.K.M. Yadav for Petitioner Mr.P.S.Tiwari & Mr.K.M. Yadav for Petitioner Ms. A.S. Pai A.P.P. for Respondents Ms. A.S. Pai A.P.P. for Respondents Ms. A.S. Pai A.P.P. for Respondents CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 12TH JANUARY, 2006 DATED: 12TH JANUARY, 2006 DATED: 12TH JANUARY, 2006 P.C. P.C. P.C. 1. Criminal Writ Petition No.1249 of 2005 came to 1. Criminal Writ Petition No.1249 of 2005 came to 1. Criminal Writ Petition No.1249 of 2005 came to be dismissed in default on 4th July 2005 and be dismissed in default on 4th July 2005 and be dismissed in default on 4th July 2005 and therefore, Restoration Application No.7266 of 2005 has therefore, Restoration Application No.7266 of 2005 has therefore, Restoration Application No.7266 of 2005 has been filed but belatedly. Hence, this Application for been filed but belatedly. Hence, this Application for been filed but belatedly. Hence, this Application for condonation of delay. As per the Registry’s note the condonation of delay. As per the Registry’s note the condonation of delay. As per the Registry’s note the delay caused is 84 days. The reasons for delay have delay caused is 84 days. The reasons for delay have delay caused is 84 days. The reasons for delay have been explained in para Nos.4,5 and 6 of the been explained in para Nos.4,5 and 6 of the been explained in para Nos.4,5 and 6 of the Application. We have also noted that the Petition was Application. We have also noted that the Petition was Application. We have also noted that the Petition was dismissed for default at the admission stage itself. dismissed for default at the admission stage itself. dismissed for default at the admission stage itself. 2. The delay caused in applying for restoration 2. The delay caused in applying for restoration 2. The delay caused in applying for restoration deserves to be condoned. Hence, the Application is deserves to be condoned. Hence, the Application is deserves to be condoned. Hence, the Application is allowed in terms of prayer clause (a). allowed in terms of prayer clause (a). allowed in terms of prayer clause (a). 2 (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)