Govt. O India Ministry Of Agriculture New Delhi Thr. Director I.A.R.I New Delhi And ORS. v. Vijay Laxman Gole (Since Decd. Thr. Lrs) Sanjay Vijay Gole And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.25 OF 2020 IN REJECTED CASE NO.2269 OF 2019 Government of India, Ministry of Agriculture, New Delhi, through Director & Ors.

] ] ] ... Applicants Vs.

Vijay Laxman Gole (Deceased) Through LRs Sanjay Vijay Gole & Ors.

] ] ] ... Respondents ...

Mr.A.J.Rizvi h/f B. Palai for the Applicants. Mr.Rahul B. Vijaymane i/b Mr.S.A.Rajeshirke for the Respondent Nos.1 to 4.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 08TH APRIL, 2022.

P.C. :- 1.

Heard the learned counsel for the applicants and the learned counsel for respondent Nos.1 to 4.

2.

By the present application, the applicants/appellants seek restoration of the Second Appeal and it's disposal on merits. The M.M.Salgaonkar

2/2 12 IA-25.20.doc appeal was refused registration in the wake of the order passed by the Registrar (Judl.II) on 07/06/2019, when the office objections were not removed. The application, therefore, seeks restoration of the appeal, by condoning the delay of 174 days in taking out the application.

3.

On hearing the learned counsel for the applicants and on perusal of the application, the reasons for the delay justifying the restoration are contained in paragraphs 6 to 8. I am convinced that the delay deserves to be condoned being bona fide and for the mistake of the advocate, the applicants shall not be made to suffer. I am, therefore, inclined to grant the said application. As a consequence, the appeal stands restored to it's file. The appellant shall remove the office objections within a period of two weeks from today. Subject to the aforesaid, the appeal shall be registered. Liberty is granted to circulate the appeal.

4.

The application stands disposed off.

[SMT. BHARATI DANGRE, J.] M.M.Salgaonkar