Maharashtra State Road Transport Corporation v. Smt. Shahina Munir Khan And Others

(917)-CAF-3156-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3156 OF 2016 IN FIRST APPEAL NO.654 OF 2015 Maharashtra State Road Transport Corporation .. Applicant

Versus

Shahina Munir Khan and others .. Respondents Mr. G. S. Hegde for the Applicant.

Mr. M. Saeed Kadu for the Respondent Nos.1 to 4. CORAM : R.M. SAVANT, J.

DATE : 15th JULY 2016 P.C.

The above Civil Application has been filed for restoration of the above First Appeal which has stood dismissed for non-prosecution on account of the non filing of the private paper book within the time stipulated by the order dated 06.02.2015. The reason as to why the paper book could not be filed is mentioned in the Civil Application. The First Appeal had stood admitted when it came to be dismissed for nonprosecution in view of the non-compliance of the order dated 06.02.2015. The Applicant also prays for condonation of delay for which the reasons are mentioned in the Civil Application. Hence, accepting the reasons mentioned in the Civil Application, the same is allowed. Resultantly, First BGP.

(917)-CAF-3156-16.doc Appeal is restored to file. The interim order granted vide order dated 06.02.2015 would also stand reinstated. The First Appeal to be placed on 22.07.2016 under the caption for settlement. The Civil Application is accordingly disposed of.

[R.M. SAVANT, J] BGP.