Maharashtra State Road Transport Corporation Thr. Divisional Controller And ANR. v. Shri. Santosh Maruti Mane And ANR.
1/2 28 IA-1479-22.doc SALGAONKAR M M Date: 2022.03.22 20:03:47 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SALGAONKAR M M CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1479 OF 2022 IN FIRST APPEAL (ST) NO.5362 OF 2020 Maharashtra State Road Transport Corporation through Divisional Controller & Anr.
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Applicants
Versus
Santosh Maruti Mane & Anr.
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Respondents ...
Ms.Ayodhya Patki i/b Mr.Nitesh V. Bhutekar for the Applicants/Appellants.
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CORAM: BHARATI DANGRE, J.
DATED : 21st MARCH, 2022 P.C:- INTERIM APPLICATION NO.1479 OF 2022 1.
Heard the learned counsel for the applicants/appellants, who seeks restoration of the First Appeal which was refused registration on account of non-removal of the offce objections. The order dated 24/11/2021 passed by the Registrar (Judicial II) granted three weeks' time for removal of the offce objections and, since no steps were taken by the applicants, the appeal was dismissed on 15/02/2022.
M.M.Salgaonkar
2/2 28 IA-1479-22.doc In the backdrop of the aforesaid circumstances, the application for restoration of appeal came to be fled on 25/02/2022 by stating that on account of the Covid pandemic situation, SOP was in operation and the physical presence of the lawyers and the litigants was discouraged and, therefore, a delay of 282 days have occurred in fling the present application. However, the Registry has calculated the delay of 67 days, which in any case, deserves to be condoned in the wake of the circumstances narrated.
2.
On hearing the learned counsel for the applicants and on perusal of the application, I deem it ft to grant the same. The application is allowed in terms of prayer clauses (a), (b) and (c).
ALONGWITH FIRST APPEAL (ST) NO.5362 OF 2020 WITH INTERIM APPLICATION NO.3600 OF 2020 WITH INTERIM APPLICATION NO.3601 OF 2020 3.
Issue notice to the respondents, returnable on 08/04/2022 4.
The applicants/appellants are permitted to serve the respondents by private service.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar