Surendrakumar Verma And ANR v. Poonam Samir Verma And ANR

rpa 1/2 appp-121-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.121 OF 2017 IN CRIMINAL APPLICATION NO.593 OF 2016 Surendra Kumar Verma & Anr.

.. Applicants Vs.

Poonam Sameer Verma & Anr.

.. Respondents ......

Mr.Samarth S. Karmarkar, Advocate for the Applicants. Mr.P.H. Gaikwad, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

FEBRUARY 9, 2018.

P.C. :

Vide order dated 12th January, 2018, fresh notice was issued to respondent no.1. In addition to the Courts notice, applicants were permitted to give private notice. Learned advocate for the applicants submits that in pursuant to the said order, private notice has been served upon respondent no.1 and the affidavit-in-support of the service has been filed in the Court.

rpa 2/2 appp-121-17.doc This is an application for restoration of Criminal Application No.593 of 2016, which has been dismissed for default by order dated 23rd January, 2017. For the reasons stated in the application, Criminal Application No.593 of 2016, is required to be allowed.

Hence, I pass the following order:

:: O R D E R ::

(i) The order dated 23rd January, 2017, is recalled and Criminal Application No.593 of 2016, is restored to its original status;

(ii) Place the Criminal Application No.593 of 2016 on Board on 26th February, 2018;

(iii) Criminal Application No.121 of 2017, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)