1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 777 of 2010 In Criminal Application No. 237 of 2008 [Navin Vasantraj Modh Vs. State of Mah. & Others] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Shri J. M. Gandhi Advocate for applicant. Shri B. P. Lonare APP for non applicant no. 1/State. Shri A. Jaiswal Advocate for non applicant no.2. None for non applicant no.3. CORAM : R.G. KETKAR, J. DATED : NOVEMBER 16, 2010. Heard Shri Gandhi, learned counsel for the applicant, Shri Lonare. learned APP for non applicant no. 1., Shri A. Jaiswal, learned counsel for the non applicant no.2, none appears for non applicant no.3 though duly served. This is an application for condonation of delay of 815 days in filing application for restoration of Criminal Application No. 237 of 2008. Criminal Application No. 237 of 2008 was dismissed for non compliance of order dated 9th April 2008. By order dated 9th April 2008, applicant was given one week’s time to remove office objections. It was made clear that on failure to remove objections within the stipulated time, the application was to stand dismissed without further reference to Court. Since office objections were not removed, Criminal 2 Application stood dismissed for want of prosecution. Applicant took out Criminal Application No. 776 of 2010 for restoration of the said application. Since there was delay of 815 days, the applicant has taken out present application for condonation of delay. In paragraphs 2 and 3 is it averred that objections were not noticed by the applicant’s counsel and therefore the objections were not removed. Counsel for the applicant was under impression that application would be listed for admission and since the matter did not appear, the applicant made enquiry with his counsel and it transpired that application stood dismissed in default for non removal of office objections. Shri Jaiswal, learned counsel for non applicant no.2 submitted that applicant was not vigilant in prosecuting the matter. Delay of 815 days is not properly explained. After hearing the learned counsel for the parties, it is evident that the matter is dismissed in default for non removal of office objections. The applicant should not suffer because of the lapse on the part of his Advocate. For the reasons stated in the application, I am satisfied that the applicant has made out sufficient cause for condoning the delay. Application is allowed and delay of 815 days in filing application for restoration is condoned. Application is disposed of. svk JUDGE 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 776 of 2010 In Criminal Application No. 237 of 2008 [Navin Vasantraj Modh Vs. State of Mah. & Others] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Shri J. M. Gandhi Advocate for applicant. Shri B. P. Lonare APP for non applicant no. 1/State. Shri A. Jaiswal Advocate for non applicant no.2. None for non applicant no.3. CORAM : R.G. KETKAR, J. DATED : NOVEMBER 16, 2010. This Application is for restoration of Criminal Application No. 237 of 2008 which was dismissed in default for non removal of office objections. Shri Gandhi, learned counsel for the applicant states that he will remove the office objections within one week from today. In view of this statement, application is allowed and Criminal Application No. 237 of 2008 is restored to file. Applicant shall remove office objections on or before 26th November 2010. JUDGE svk