Samir Shah And ANR v. The State Of Maharashtra And ANR

21-IA-2353-21.odt Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2021.09.29 16:40:10 +0530 SHAMBHAVI NILESH SHIVGAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2353 OF 2021 IN WRIT PETITION NO.2269 OF 2004 Samir Shah & Ors.

... Applicants Vs The State of Maharashtra & Anr.

... Respondents ...

Mr. Rohan Surve with Mr. Kunal Naik for the Applicant. Ms. Sharmila Kaushik, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.

DATE : SEPTEMBER 29, 2021.

P.C. :

Heard.

Although the respondent no.2 is served and caused his appearance through advocate, none appears for the respondent no.2.

Heard learned counsel for the applicants.

This application seeks restoration of the Criminal Shivgan 1/2

21-IA-2353-21.odt Writ Petition No.2269 of 2004, which was dismissed in default on 12th March, 2021. I have perused the application, which discloses 'SufÏcient Cause' for not appearing before the Court on a date on which the petition was dismissed. Thus, application is allowed. Delay caused in preferring application is condoned. Writ Petition No.2269 of 2004 is restored to the file.

In so far as the restoration of interim relief is concerned, let the petition be listed for this limited relief on 27th October, 2021.

Interim application, accordingly, stands disposed off.

(SANDEEP K. SHINDE, J.) Shivgan 2/2