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2026 DAILYLAW 4028 (BOM)

RAJENDRA BANSI DOKHE v. REKHA RAJENDRA DOKHE AND ANOTHER

APPLN/3524/2026 · 2026-08-24

body2026

Judgment text

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3524.26appln (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 4 CRIMINAL APPLICATION NO. 3524 OF 2026 IN IN CRIMINAL APPLICATION NO.3443 OF2023 IN REVNST/9471/2023 RAJENDRA BANSI DOKHE VERSUS REKHA RAJENDRA DOKHE AND ANOTHER WITH CRIMINAL REVISION APPLICATION NO. 174 OF 2023 REKHA W/O. RAJENDRA DOKHE AND ANOTHER VERSUS RAJENDRA S/O. BANSI DHOKE ….. Mr H. P. Randhir, Advocate for Applicants in Cr.Appln/3524/2026 Mr P. H. Patil, Advocate h/f Mr P. B. Patil, Advocate for Respondents in Cr.Appln/3524/2026 ….. CORAM : SUSHIL M. GHODESWAR, J. DATE : 24th AUGUST, 2026 P. C. : 1. This is an application for restoration of Criminal Application No.3443/2023 which was dismissed for non-compliance of the order of this Court dated 22/06/2026. 2. This Court vide order dated 22/06/2026 was condoned the delay of 140 days in filing criminal revision application, subject to condition of payment of costs of Rs.1500/- to respondent No.2 on or 3524.26appln (2) before 06/07/2026, failing which, the application was stated to be dismissed without further reference to the Court. Since the applicant could not pay the said amount on or before 06/07/2026, he prayed for extension of time. This Court, vide its order dated 14/07/2026, extended time of one week to deposit the amount. However, the despite tendering a demand draft for the same amount to the Registry, the same was not accepted by the office. Learned Advocate for the applicant submits that the since the demand draft was not accepted by office, Criminal Application No.3443/2023 came to be dismissed. He submits that non-compliance of the order of this Court is neither deliberate nor intentional. He, therefore, submits that this application may be allowed and Criminal Application No.3443/2023 may be directed to be restored. 3. Learned Advocate for respondent strongly opposes this application for restoration. 4. In view of submissions of learned Advocates for the respective parties and for the reasons stated in the present application, the same is allowed. 5. Demand draft of amount of Rs.1500/- be accepted by the office, if deposited within a period of one week from today. After 3524.26appln (3) deposit of the said demand draft, Criminal Application No.3443/2023 be restored to its original position. [SUSHIL M. GHODESWAR, J.] sjk