Meenakshi Vivek Gawade v. Vivek Bhagwan Gawade And ANR.

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 Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge'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.:

Heard the learned counsel for the applicant.

Though respondent no.1 is duly served, no one appeared on behalf of him when the matter was called out.

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.

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