Shivnarayan Ratiramji Paliwal v. Pradeep Pratapchand Badjate

1412appa919.17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.919 OF 2017 IN CRIMINAL APPEAL NO. 495 OF 2009 (Shivnarayan Ratiramji Paliwal vs. Pradeep Pratapchand Badjate) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri V.K. Paliwal, Advocate for applicant.

-------- CORAM : P.N. DESHMUKH, J.

DATED : DECEMBER 14, 2017 This application is filed for restoration of Criminal Appeal No.495/2009, which came to be dismissed in default by order dated 1/11/2017. The present application is filed immediately on the following day and the grounds are mentioned in para 3 of the application praying for restoration of criminal appeal. Though the grounds mentioned are found sufficient to restore the appeal, record reveals that on earlier two occasions, appeal was dismissed for want of prosecution and was restored by this Court. In that view of the matter, application is liable to be allowed by imposing suitable costs.

The application is disposed of as allowed.

Criminal Appeal No.495/2009 is restored on the file of this Court subject to appellant paying costs of rupees three thousand to High Court Bar Association, Nagpur within two weeks.

JUDGE khj