Court recalled a previous order dismissing a criminal revision application for want of prosecution and restored the application for hearing on merits based on additional affidavits.
Order dated 11.12.2014 recalled; Criminal Revision Application No.431 of 2007 restored for hearing; Applicant to serve respondent within six weeks.
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5 appr148-15
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.148 OF 2015
IN
CRIMINAL REVISION APPLICATION NO.431 OF 2007
Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders
Prof.Ms.Rohini M. Dandekar for the applicant
None for the respondent
CORAM : K. K. TATED, J. DATE : AUGUST 29, 2016
P.C.:
2 Though respondent no.1 is duly served, no one appeared on behalf of him when the matter was called out.
3 This application is for recalling the order dated 11.12.2014 passed by this court (Coram: P.D.Kode, J., as he then was) by which Criminal Revision Application No.431 of 2007 stand dismissed for want of prosecution.
4 Considering the submissions made by the learned counsel for the Applicant and the additional affidavit dated 8.7.2016, I am satisfied that the Applicant has made out a case for allowing
Mohite
1/2
5 appr148-15
the present Application. Hence, following order:
a) Order dated 11.12.2014 passed by this court (Coram: P.D.Kode, J.) is recalled. b) Criminal Revision Application No.431 of 2007 is restored on file for hearing on its own merits.
c) Applicant to served respondent no.1 copy of Criminal Revision Application No.431 of 2007 along with copy of order passed by this court in the present application by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect within six weeks from today.
d) Application stand disposed of accordingly.
JUDGE
Mohite
2/2
Mohite
Respondent no.1
K. K. Tated
As recorded by the court registry
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