← Library
Bombay High CourtCAF/2890/2017disposed off

Chief Executive Engineer v. Shri. Shankar Dhondu Paradhi And ANR.

2017-09-22Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

510.CAF2890_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2890 OF 2017 IN R.C. NO. 1604 OF 2017 (FIRST APPEAL (ST.) NO. 1145 OF 2017) Chief Executive Officer Madham Project Deparment, Nashik ... Applicant Vs.

Shankar Dhondu Paradhi & Anr.

... Respondents Ms. Chaitrali Deshmukh, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE:

22nd September, 2017.

P.C.:

Upon urgent mentioning, taken on production board. 2.

This Civil Application is moved for restoration of First Appeal (St.) No. 1145 of 2017, which stand refused by the order dated 27th June, 2017 passed by the Registrar (Judicial-II). 3.

The learned counsel for the applicant submitted that the Appeal was dismissed for non-removal of office objections. She submitted that the appellant shall remove the office objections if the Appeal is restored. She further submitted that the delay of 53 days in filing the 1 / 2

510.CAF2890_2017.doc First Appeal be condoned, as it is not deliberate. 4.

In view of the submissions, the order dated 27th June, 2017 passed by Registrar (Judicial-II) is hereby set aside. First Appeal is restored to its original file along with the Applications. Delay of 53 days is condoned. The office objections are to be removed on or before 9th October, 2017 and if the office objections are not removed within the stipulated time, First Appeal will be dismissed without further referring to the Court.

5.

Civil Application is allowed and disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2