Kanhayalal C. Makhija Vs Satish Wamanrao Adivarekar and Anr.

Heard learned advocate for applicant and learned APP.. The application is taken out for restoration of Criminal Application No.130 of 2009 and/or for setting aside the order dated 22nd February 2010 passed therein. By the said order the applicant was directed to supply correct address of respondent no.1 within two weeks. Thereafter notice was directed to be issued to respondent no.1. In the event of failure to supply the address, the application was to stand dismissed for non prosecution without further reference to Court.

The learned counsel for the applicant submits that as the respondent no.1 has shifted some where else, his address is not known to the applicant. He states that if longer time of four weeks is granted, he will furnish the address of respondent no.1 again and also serve private notice to the respondent no.1.

Criminal Application No.130 of 2009 was dismissed before respondent no.1 puts his appearance. Therefore, notice of this

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application can be dispensed with for him.

In the circumstances, criminal application is allowed in terms of prayers (a) and (b). Criminal Application No.130 of 2009 is restored to file.

Upon furnishing the address of respondent no.1 by the applicant on or before 19th December 2011, registry is directed to issue fresh notice to respondent no.1 returnable on 23rd January 2011. Private service is permitted.

(R.V.MORE, J.)

Kanhayalal C. Makhija v. Satish Wamanrao Adivarekar and Anr.