The State Of Maharashtra (Through The Collector, Ratnagiri Collector Office Compound) And ANR. v. Nissagar Samrat Nimkhare Pani M.V. Sah.Sanstha(Ltd.)Through Chef Promoter Avdhut Bhalchandra Sawant

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2162 OF 2015 IN FIRST APPEAL (ST) NO.9382 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.A.R.Patil, A.G.P. for the applicant Mr.Devavrat Singh i/b M/s.Lawful and Associate for the respondent

CORAM

: K.K.TATED, J.

DATED : 17/07/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by State of Maharashtra for restoration of Civil Application No.1422 of 2015 which was dismissed for noncompliance of conditional order dated 9.4.2015 i.e. decreetal amount be deposited in Trial Court within four weeks from the date of order.

The learned A.G.P. for the applicant submits that they deposited entire decreetal amount in the Trial Court on 25.5.2015. He submits that there was delay on their part to comply the earlier order. He further submits that in the interest of justice, this Hon'ble Court be pleased to restore Civil Application No.1422 of 2015 along with interim Mohite 1/2

15 caf2162-15.doc protection granted by this court on 9.4.2015. Considering the submissions made by the learned A.G.P. for the Applicant and the averments made in the Application, I am satisfied that the applicant has made out out a case for restoration of Civil Application No.1422 of 2015 along with interim protection granted by this court on 9.4.2015. Hence, following order:

a) Civil Application No.1422 of 2015 as well as order dated 9.4.2015 is restored.

b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2