1 crap1584.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1584 Of 2011 IN CRIMINAL APPEAL NO. 218 OF 2010 WITH CRIMINAL APPLICATION NO. 1533 OF 2011 Naresh s/o Madhukar Koli and anr. ...Applicants/Appellant VERSUS Rajendra s/o Dagadhu Sapkale and ors. ...Respondents ..... Shri P.R.Adkine, advocate h/for Shri K.C.Sant, advocate for applicant/appellant Shri V.G.Shelke, A.P.P. for respondent no.5 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19 th April, 2011 PER COURT : 1 Heard learned counsel for the respective parties. 2 This is an application preferred by the applicants (original appellants) for recalling the order, dated 22.3.2011, passed in 2 crap1584.11 Criminal Appeal No. 218 of 2010 for restoration of the said appeal at its original stage. 3 It appears that, by order dated 22.3.2011, the applicants/appellants were directed to furnish the fresh address of respondent no.1 within the period of two weeks, failing which it was directed that the said appeal would stand dismissed without back reference to the court. However, the applicants/appellants failed to furnish the address of respondent no.1 within the said stipulated period, and therefore, the said Criminal Appeal No. 218 of 2010 came to be dismissed without back reference to the Court in accordance with the order, dated 22.3.2011. 4 In the said context, the learned counsel for the applicants submits that he communicated the afore said order, dated 22.3.2011 to the applicants and called upon them to furnish fresh address of respondent no.1, but the applicants requested the advocate to make an application for giving paper notice, since fresh address of respondent no.1 was not available, which resulted into non- compliance of the said order, dated 22.3.2011, and consequently, resulted into dismissal of appeal as per the said conditional order. 5 For the reasons stated in the application, it appears that 3 crap1584.11 the applicants have explained the cause for non-compliance of the conditional order, dated 22.3.2011. Moreover, the principles of natural justice require that the applicants/appellants be given opportunity to furnish the address of respondent no.1 and to prosecute the said appeal on its own merits, and therefore, present application deserves to be allowed. 6 In the result, present application is allowed in terms of prayer clause ‘A’ thereof and the conditional order, dated 22.3.2011 stands recalled and Criminal Appeal No. 218 of 2010 stands restored to file at its original stage and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1533.11