Bharat Pranjivandas Shroff v. Agnello Fernandes And ANR

rng 31-choudhari same as sr.30.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL MISC.APPLICATION NO.330 OF 2016 in CRIMINAL APPLICATION NO.1370 OF 2011 Shri Bharat Shroff ...

Applicant vs Angello Fernandes & ors Respondents Mr.Samarendranath Choudhary for Applicant Mr.P.H.Gaikwad APP for State ..

CORAM: G.S.KULKARNI, J DATE : 4 JANUARY 2017 P.C.

1.

Heard learned counsel for the applicant.

2.

On 19.7.2016 this Court had issued notice to the respondents. In addition to Court notice, Advocate for the applicant was permitted to serve respondent nos.1 to 3 by Advocate's notice and file affidavit of service before the returnable date. In pursuance of the said order, learned counsel for the applicant has placed on record affidavit of service of Mr.Sumar Choudhury Advocate of the applicant inter alia stating that service on respondent nos.1 to 3 as directed by the Court is complete in as much as service has been received by respondent nos. 1 to 3. The said affidavit is taken on record. Respondent no.1 has refused

rng 31-choudhari same as sr.30.odt to accept the envelope containing the notice of the applicant's Advocate. The postal acknowledgment to that effect is annexed to the affidavit. By this application, the applicant is seeking restoration of criminal application No.1369 of 2011 which was dismissed by this Court for nonprosecution by an order dated 20.11.2015. 3.

For reasons as contained in the criminal application and more particularly as contained in paragraph nos. 6 to 8 it will be in the interest of justice that this application is allowed. It is accordingly allowed in terms of prayer clauses (a) and (b). No costs. {G.S.KULKARNI, J}