IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 152 OF 2008 MR. SUBHASH BHISSO NAIK ... Applicant Versus SHRI. NORBERT ALMEIDA AND ANR., ... Respondents Mr. S. D. Padiyar, Advocate for the Applicant. Coram:- N. A. BRITTO, J. Date:- 8th September, 2008 P.C.:- Heard Mr. S. D. Padiyar, learned Counsel on behalf of the Applicant who had filed a Criminal Revision Application before the Court of Sessions assailing the Order dated 20-10-2007. However, before the notice could be issued to the Respondents the said Criminal Revision Application No.139/2007 came to be dismissed on 11-2-2008 at 10.00 a.m. The contention of the Applicant is that the Applicant's Counsel had taken the time as 2.30 p.m. on 11-2-2008 and in support of the said contention affidavits of Advocate Shri Pravin Kuncolienkar as well as Shri Bhaangi has been filed along with the copies of their respective diaries. Notice having been issued to the Respondent, none has appeared on his behalf in the morning session. The notice to the Respondent is returned with endorsement that it has been served at Smt. Luiza Fernandes and the Respondent is her attorney. Considering the facts of the case as well as the fact that the Respondent has chosen not to contest this petition, it would be in the interest of justice to set aside the impugned Order, and, the learned Sessions Judge directed to hear and dispose of the above said revision petition on merits. The petition therefore succeeds. The impugned Order dated 11-2-2008 is hereby set aside and the learned Sessions Judge is directed to dispose of the said revision petition in accordance with law. N. A. BRITTO, J. RD.