1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.11 OF 2011 IN CRIMINAL APPLICATION NO. 3388 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 (Deepak Suryakumar Kapadia vs. The State) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Krunal i/by M.S. Dhavle, Advocate for applicant. Mr. M.R. Tidke, APP for State. Mr. Kishor Bhatia, Advocate for respondent no. 2. Coram : Smt. R.P. SONDURBALDOTA, J. Date : 19th January 2011 PC :- 1. This application is for restoration of Criminal Application No.3388 of 2010 filed by the applicant under Section 378 seeking leave to file the appeal against the judgment and order dated 11th/12th February 2010. The application was dismissed for default on 19th November 2010. The applicant also seeks condonation of delay of 16 days in filing the present application. 2. Learned counsel for the respondent no.2 submits that the application filed does not set 2 out the correct facts. He states that after 4th August 2010, the application was adjourned to 16th November 2010 and from that date to 19th November 2010, when the petition was dismissed for default. Learned counsel for the applicant states that the application had been adjourned for admission on 4th August 2010, on that day, he did not appear on the board and the computerised system gave the next date as 24th December 2010. Since the date given was of the month of December, the counsel for the applicant did not notice the matter on board on the earlier date. Considering these facts, the application is allowed in terms of prayers clause (a) and (b). The Criminal Application No.3388 of 2010 be shown on the board for admission on 16th February 2011. ( Judge )