1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 142 OF 2011 IN CRIMINAL WRIT PETITION NO. 1437 OF 2010 M/s.Hydrochem Flexible ... Applicant v/s Mr.Tajdin Mohammad Makhija & anr. ... Respondents Mr.S.C.Chandratre i/by Mr.C.T.Chandratre for the applicant. None present for the respondents. CORAM: M.T. JOSHI, J. DATED: 18TH MARCH, 2011 P.C.: 1. Heard Mr.Chandratre for the applicant. 2. The original Writ Petition No.1437 of 2010 was dismissed at the pre-admssion stage as the advocate for the petitioner remained absent. Therefore, the present application for restoration is filed. The delay of 45 days’ has occurred in filing the present application. The said delay is sought to be condoned by the present application. 2 3. It has been submitted that since the advocate for the applicant could not have the knowledge of listing of the case on 15.12.2010 and that they were under the bonafide impression that their petition was to be listed, the advocate could not remain present and under the circumstances, the delay is sought to be condoned and further to restore the writ petition also. 4. Considering the fact that the merit of the case of the plaintiff under Section 138 of the Negotiable Instruments Act is in issue and that sufficient cause is made out, the delay is condoned and the original writ petition is restored to file. (M.T. JOSHII, J.) 3