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 CRIMINAL APPLICATION NO.3079/2010 IN CRIMINAL WRIT PETITION NO.396/2010 CORAM : SHRIHARI P. DAVARE, J. DATE 10TH AUGUST, 2010. 1. Heard Mr.S.I.Nandode advocate for applicant. 2. Leave to amend application granted. 3. This is an application preferred by the applicant/petitioner with a request to recall order dated 13.7.2010 and to re-issue notice of respondent No.1, on the address already given in the title clause of the petition with hamdast and also prayed to restore writ petition No. 396/2010 against respondent No.1. 4. It appears that notice of respondent No.1 in Criminal Writ Petition No.396/2010 was returned unserved for want of time, however, 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 inspite of re-issuance of said notice of the said respondent No.1, conditional order came to be passed on 13.7.2010 directing the petitioner to take proper and suitable steps in respect of service of notice upon the unserved respondent No.1, within period of two weeks, and failing which it was directed that, present petition would stand dismissed without back reference to the court. It is submitted that due to non compliance of the said order, said petition as against respondent No.1 came to be dismissed, since it was conditional order. Hence, applicant/petitioner requests for recalling said order dated 13.7.2010. 4. In the light of the aforesaid facts, order dated 13.7.2010 stands set aside and Criminal Writ Petition No.396/2010 stands restored to file as against respondent No.1 and re-issue notice 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 to respondent No.1, on the same address, returnable on 13th September, 2010. 5. Present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) --- Dt : 10.8.2010 aaa/3079.10