IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 123 of 2006. APPLICATION NO. 123 of 2006. APPLICATION NO. 123 of 2006. IN IN IN CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 298 OF 2005. APPLICATION NO. 298 OF 2005. APPLICATION NO. 298 OF 2005. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri Harshad B.Palwe for the Applicant. Shri S.R.Shinde, A.P.P. for the Respondent-State. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 29th September, 2006. : 29th September, 2006. : 29th September, 2006. P.C.: P.C.: P.C.: 1. Heard the Advocate appearing for the Applicant. Case for restoration is made out. The Application is allowed in terms of prayer clauses (a) and (b) subject to condition that the Applicant will serve private notice of the Criminal Application No.298 of 2005 to the 2nd Respondent therein returnable on 20th December 2006 and will file affidavit of service before the returnable date. If compliance is not made, the earlier order of dismissal will stand. Judge. Judge. Judge.