( 1 ) RULE in Criminal Misc. Application No. 10043 of 2006 and in Criminal Misc. Application No. 3815 of 2005. Shri. M. A. Patel learned APP for the opponent No. 1 State and Shri. V. B. Patel learned Counsel for the opponents No. 2 to 5 waived service of rule. The rule was fixed forthwith with the consent of the learned Counsels of the respective parties. The applicant / original complainant has filed the Criminal Misc. Application No. 10617 of 2006 under Section 5 of the Limitation Act, seeking condonation of delay occurred in preferring Criminal Miscellaneous Application No. 10043 of 2006 seeking restoration of Criminal Miscellaneous Application No. 3815 of 2005 on the file as it stood dismissed for default. This Court [coram: S. R. Brahmbhatt, J] had issued rule in Criminal Misc. Application No. 10617 of 2006 on 3/11/2006, which was made returnable on 17/11/2006. Shri. V. B. Patel, learned counsel appeared for the private respondents/ original accused no. 2 to 5. He opposed the delay condonation application. It would be expedient to set out few facts leading to filing of this application. The applicant had to file the complaint which came to be registered as Criminal Case No. 17

Click Here to Read the rest of this document