1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1 OF 2010 IN WRIT PETITION NO. 2182 of 2008 Kantilal Damji Gada ........Applicant versus Mulchand Ramji Saiya & anr. ........Respondents. WITH CRIMINAL APPLICATION NO. 2 OF 2010 IN WRIT PETITION NO. 2184 of 2008 Jigar Kantilal Gada ........Applicant versus Mulchand Ramji Saiya & anr. ........Respondents. Mr. S.H. Mishra adv. for the applicant. Mr. M. Ashfaq adv. for the Respondent no.1. Mr. A.S. Shitole APP for State.. CORAM: B. R. GAVAI, J. DATED : 18th February, 2010. P.C.: These are applications for restoration of petition which came to be dismissed in default. The application was called out yesterday in the morning session. The learned counsel for the applicant was not present. However at the request of the applicant, who was present in the court, the matter was kept at 3.0’ clock. Again at 3 0’ clock the learned counsel was not present 2 and the petitioner requested for keeping back the matter again. On third occasion when the matter was called at 4.30 p.m. again the learned counsel was not present and the applicant informed the court that he has been informed by the learned counsel that he is on the way to the court and the matter may be kept back for 15 minutes. 2. The court would have very well dismissed the application on the ground of absence of the learned counsel. However in the interest of justice, the matter was kept today at serial no.1. From the record it appears that the approach of the learned counsel for the applicant in prosecuting the matter has been casual and negligent. However the parties should not be made to suffer on account of the lapses on the part of the counsel. It appears that the petition came to be dismissed on account of the mistake on the part of the learned counsel for the applicant. In that view of the matter I am inclined to allow the application. The petition is restored to file, The petition to be considered for admission after a period of four weeks. In the meantime the applicant/petitioner is directed to deposit the balance amount towards the cheques in question in this court i.e. Rs.1,25,000/-. 3. The interim protection granted in favour of the applicant/petitioner, to continue until further orders. (B.R. Gavai, J.)