1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.580 OF 2011 AND CRI.APPLICATION NO.576 OF 2011 IN WRIT PETITION NO.855 OF 2011 Bashir Babu Tambe & Ors. .. Applicants V/s The Sr.Inspector of Police, Park Site Police Station & Ors. .. Respondents Mr.M.V.Holamagi for the applicants. Mr.A.S.Gadkari, APP for the State. Mr.C.K.Nalawade, API, Park Site Police Station, Vikhroli, present. CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 19, 2011 P.C.:- 1. The order passed on 29.09.2011 is self eloquent about the manner in which the main writ petition has been handled by the applicants / petitioners. Inspite of showing indulgence from time to time, the petitioners did not show inclination to proceed in the matter when called upon to do so on 29.09.2011. 2. Mr.Holamagi vehemently relies on the circumstance that it is his mistake that resulted in the situation of petitioners being undefended by the Advocate before the Court. He further submits that on 29.09.2011 it was physically impossible for him to appear before the Court as he was suffering from chest pain. We have noticed that 2 the applicants in Paragraph 5 of the application have stated this position. However we are not satisfied with the bare words of the applicants. In the peculiar facts of the present case, we expect that the Advocate who was to appear for the petitioners / applicants, should file his personal affidavit and substantiate the position that he was completely immobile on 29.09.2011 and did not attend any other Court on that date. 3. Mr.Holamagi submits that he would file such affidavit. Accordingly, stand over to 11.01.2012. 4. The proposed affidavit should be filed in the Registry on or before 05.01.2012, failing which the Registry shall treat this application as dismissed for non prosecution, without further reference to the Court. (R.G. KETKAR, J.) (A.M. KHANWILKAR, J.)