Smt. Vidyawati S. Gupta v. Shri Satyanarayan R. Maurya And ANR

8 caf 1241-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1241 OF 2015 IN FIRST APPEAL (ST.) NO. 12672 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Shobha Mehra with Mr. Shivi/b Legal Vision for the applicant.

Mr. Rajesh Parab for the respondent nos. 1 & 2. CORAM : K. K. TATED, J.

DATED : 29/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by plaintiff for restoration of Civil Application no. 3054 of 2013 with First Appeal (ST.) no. 12672 of 2013 which was dismissed in view of conditional order dated 10.04.2014.

The learned Counsel for the applicant submits that they paid sum of Rs.1000/- by way of cost to the respondent by their letter dated 17.04.2014. But, by mistake the same was not placed on record in the Registry.

Sneha Chavan 1/2

8 caf 1241-15=.doc The learned Counsel for the respondent is not disputing about the fact that they received payment of Rs.1000/- on 17.04.2014.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Hence, the following order.

a) The delay in preferring the Civil Application is condoned.

b) Civil Application no. 3054 of 2013 and First Appeal (ST.) no. 12672 of 2013 is restored on file by recalling the remark dated 12.06.2014 of the Deputy Registrar.

c) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2