Shankar Bankat Nitale v. The State Of Mah And ORS

2024:BHC-AUG:6246

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 3920 OF 2018 IN RC/965/2012 SHANKAR BANKAT NITALE

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Applicant : Mr. Sontakke Gajanan K. AGP for Respondents-State : Mr. B. A. Shinde ...

CORAM : ARUN R. PEDNEKER, J.

Dated : March 19, 2024 PER COURT :- 1.

The present application is filed for restoration of FAST/14159/2012 by condoning delay of 1907 days caused in filing the application. 2.

The learned Advocate for the applicant submits that the Registrar on 16/10/2012 passed the order of dismissal in FAST/14159/2012 for non removal of office objections. The application for restoration is filed on 12/01/2018. The learned Advocate further submits that he failed to notice the listing of the matter and as such he was not able to remove office objection. He learned about the dismissal of the matter when the clients contacted him.

3.

The learned Advocate for the applicant submits that he will not claim interest or statutory benefits for the delayed period. The learned Advocate has placed on record the order passed by this Court in CA/3921/2018 dated 19/08/2023 and submits that a similar order is passed in the said application.

4.

In view of the same the FAST/14159/2012 is restored subject to the condition that the appellant shall not claim interest or statutory benefits for the delayed period. The application is disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-.