IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.122 OF 2008 IN CRIMINAL APPLICATION NO.892 OF 2006 Godrej Sara Lee Ltd., )..Applicant Versus The State of Maharashtra & Anr. )..Respondents ---- Mr.Ganesh Bhojbal with Prakash Naik i/by S.S.Parab for the applicant. Mr.A.A.Mane APP for the State. Mr.Rajiv Singh for respondent no.2 & 3. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 27.08.2008. PC 1. This is an application for restoration of the main criminal application. It appears that on 21.12.2006 a conditional order was passed which requires filing of the affidavit of service before the returnable date which was 9.2.2007. The matter was dismissed because compliance was not made. It is mentioned in the application that clerk of the applicant has resigned. This has been informed to the Registrar. It was mistakenly believed that the matter will again appear on the board. In the circumstances, in the interest of justice, I am inclined to allow the application subject to heavy cost. Application is therefore, allowed in terms of : 2 : prayer clause-(a) subject to payment of cost of Rs.2000/-. The cost may be deposited in this Court before the next date of hearing. It is made clear that payment of cost is a condition precedent. Advocate for respondent nos.2 & 3 states that he will file vakalatnama in the main application no.892/2006 within a period of two weeks from today. If vakalatnama is filed, cost may be paid to the Advocate concerned. List the Criminal Application No.892/2006 for admission on 22.9.2008. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)