FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRI. APPLN NO.5305/2010 In APEAL/627/2008 KHANDESH URBAN CO OP CREDIT SO LTD. JALGAON VERSUS JIVAT MORUMAL MAKHEJA ... Advocate for Petitioner(s) : Mr. M M Bhokarikar Wani Girish V. Adv For Respdt Sole ... CORAM : SHRIHARI P. DAVARE, J. Dated: July 04, 2011 ... 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants for setting aside and recalling the order of dismissal passed in Criminal Appeal No. 627/2008 on 10.3.2010 and to restore the said appeal at its original stage. 3. For the reasons stated in the application, it appears that applicant has proved his submission for his non appearance before this court on 10.3.2010 on which date Criminal appeal was dismissed in default for non prosecution by this Court. Moreover, principle of natural justice require FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders that opportunity be given to the applicant/appellant to contest the said appeal on its own merits. Hence, present application deserves to be allowed in the interest of justice. 4. In the result, present application is allowed in terms of prayer clause [B] and [C] thereof and order dated10.3.2010 dismissing the criminal appeal stands recalled and Criminal Appeal No.627/2008 stands restored to file at its original stage and present application stand disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ***** AAA/-5305.10