2811cwp470.08.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPP) NO. 993 OF 2011 AND CRIMINAL APPLICATION (APPW) NO. 128 OF 2011 IN CRIMINAL WRIT PETITION NO. 470 OF 2008 (Uttamrao Punjaji Maldhure Vs. The State of Maharashtra & others) ---------------------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ---------------------------------------------------------------------------------------------------------------------------------------------------- Mr. D. M. Upadhaye, Advocate for the petitioners. Mr. A. S. Fulzele, A.P.P. for the State. CORAM: P. V. HARDAS AND P. B. VARALE, J.J. DATED : 28TH NOVEMBER, 2011 APPP NO. 993/11 : By this application the applicant seeks condonation of delay of 2 years and 10 months in filing an application seeking recall of the order of this Court dated 16/12/2008 dismissing the petition for default for non appearance of the Counsel for the petitioner. It appears that on an earlier occasion also this criminal petition has been dismissed in default but it came to be restored on payment of costs of Rs.750/-. In the present matter, the learned Counsel for the applicant has filed his own affidavit explaining the delay. The learned Counsel further states that he would deposit an amount of Rs.2,500/- in the account of the High Court Legal Services Sub-Committee, Nagpur within a period of two weeks from today. We accept the aforesaid statement as an undertaking 2811cwp470.08.odt 2/2 to the Court. In the light of the affidavit of the learned Counsel for the applicant and the averement mentioned in the present application, we allow this application and condone the delay subject to learned Counsel for the applicant depositing an amount of Rs.2,000/- (rupees two thousand only) in the account of the High Court legal Services Sub-Committee, Nagpur within a period of two weeks from today. The application is allowed. Delay condoned. APPW NO. 128/11 : Since we have condoned the delay in filing the present application, this application is heard though it is not on Board. By this application the applicant seeks recall of the order of this Court dated 16/12/2011 dismissing the petition for default of appearance of the Counsel. For the reasons stated in the application, the application is allowed. Order dated 16/12/2008 is recalled and the petition is restored to file on the condition that all office objections be removed within two weeks from today, failing which the criminal writ petition would stand dismissed without further reference to the Court. JUDGE JUDGE wwl