1. RULE.
Ms. Jirga Jhaveri, learned APP waives serice 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. The present application has been preferred by the applicant to condone the delay of 113 days in preferring the Criminal Miscellaneous Application for restoration of Special Criminal Application No. 712/2002, which came to be dismissed for non-prosecution by this Court.
2. Having heard Ms. Nainani, learned advocate appearing on behalf of the applicant, Ms. Jirga Jhaveri, learned APP 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 considering the averments made in the application in support of the prayer to condone the delay and so as to give one opportunity to the applicant to submit the case on merits in restoration application, the present application is allowed and the delay caused in preferring the restoration application is hereby condoned. Rule is made absolute accordingly.
(M.R.
SHAH, J.) siji Top