Bhimashankar M. Dhangapure v. Maharashtra State Electricity Board Ltd. And ANR

10-appp-288-17.doc Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.288 OF 2017 IN CRIMINAL APPLICATION NO.903 OF 2015 Bhimashankar M. Dhangapure ... Appellant.

V/s.

M.S.E.B. Solapur and anr.

... Respondents ----- Mr. Rushikesh Kale i/by V.V.Purwant for the Applicant. Mr. A.R.Patil, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 19th September, 2018 P.C.:

1.

This is an application for restoration of Criminal Application No.903 of 2015 which was dismissed for non prosecution by an Order dated 5.4.2016.

2.

The record indicates that, notice issued to respondent No.1 is duly served. Despite service none appears for respondent No.1. 3.

There is a delay of 324 days in filing the present application. The said delay is condoned in the interest of justice subject to payment of cost of Rs.10,000/- to be paid by the applicant to the High Court Legal Aid Committee.

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10-appp-288-17.doc It is made clear that, payment of cost is condition precedent for condonation of delay.

4.

In view of the above and for the reasons stated in the application delay is condoned and application is allowed in terms of prayer clause (b) and (c).

(A.S.GADKARI, J.) 2/2