FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2777/2009 & MISC. CRIMINAL APPLICATIO NO.2776/2009 IN CRIMINAL APPEAL NO.773/2008 Atish Bhagwan Patekar..vs.. Smt. Varsha Dinanath Sonar ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. CORAM : S.R. DONGAONKAR J. DATED : 8 th SEPTEMBER, 2009. Heard Shri Kadu, advocate for applicant and Smt. Deshpande, Advocate for respondent. This is an application for condonation of delay of 49 days in preferring application for restoration which was dismissed on 7.5.2009. It appears that the order for dismissal was passed for default in supplying copies for issuing notice to respondent. It was observed in the order that the notice was not issued till today, as the copy is not supplied by counsel for the applicant within 15 days as per order dated 21.4.2009, vide order dated 7.5.2009. Report of office shows that in fact copy was already supplied and the counsel had paid process in relevant criminal appeal attached with the criminal application, vide report dated 8.9.2009. As such in the interest of Justice, order dated 7.5.2009, is recalled. Application for condonation of delay, as well as application for restoration of criminal appeal which was dismissed on 7.5.2009 for default are allowed. Criminal Appeal NO.773/2008 be listed in due course. No order as to costs in the circumstances of the case. JUDGE SMP