1. RULE.
Ms. Jirga Jhaveri, learned APP waives service of notice of rule on behalf of respondents nos. 1 and 5 and Shri Ashish Dagli, learned advocate waives service of notice of rule on behalf of respondents nos. 2 to 4.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
3. The present application has been preferred by the applicant to restore the main Special Criminal Application No. 712/2002, which came to be dismissed for non-prosecution by this Court vide order dated 31/01/2012 as though the matter was called out twice on that day the learned advocate appearing on behalf of the applicant has chosen to remain absent.
4. Having heard Ms. Nainani, learned advocate appearing on behalf of the applicant, Ms. Jirga Jhaveri, learned advocate appearing on behalf of respondents nos. 1 and 5 and Shri Ashish Dagli, learned advocate appearing on behalf of respondents nos. 2 to 4 and on an assurance given by Ms. Nainani, learned advocate appearing on behalf of the applicant that as and when main Special Miscellaneous Application is taken up for final hearing she would make herself available and argue out the case, the present application is allowed and Special Criminal Application No. 712/2002 is hereby ordered to be restored to file. Rule is made absolute accordingly.
(M.R.
SHAH, J.) siji Top