Rajendra Marotrao Lekurwale v. State Of Maharashtra, Thr. Its Secretary For Home Department, Mumbai And Others

0902appp156.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (appp) No. 156 OF 2016 (In Cri. Appw No. 07/16, in CWP No. 197/15) Rajendra Marotrao Lekhurwale v.

The State of Maharashtra & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 09 th FEBRUARY, 2016.

Advocate Mahashabde points out that the matter has been dismissed on 14.12.2015 and there is delay of two days in moving restoration application. She points out that there was marriage in the family of the counsel and, therefore, there was delay in presenting the application. APP submits that the matter was also dismissed on 3.8.2015 and was restored.

As the matter is restored, earlier dismissal is not relevant. The submission that there was marriage in the family of the counsel does not appear to be incorrect. All the respondents are represented by APP. In this situation, though APP is seeking time, aAs we do not see any malafide, we

0902appp156.16 grant the criminal application. Delay of two days in filing restoration application is condoned.

Cri. Appln. (appw) No. 7 of 2016 Prayer is to restore C.W.P. No. 197/15 by recalling the order dated 14.12.2015 dismissing it in default. Today we have condoned the delay of two days in moving restoration application. For the reasons recorded in that order, we recall the order dated 14.12.2015 and restore CWP No. 197/15 back to file.

APP waives notice for respondents after restoration.

JUDGE JUDGE /TA/