Babamiya Fattekhan Patel v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 8491 OF 2015 IN FA/257/2000 BABAMIYA FATTEKHAN PATEL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Adkine S. K.

AGP for Respondent: Mr. R. B. Bagul.

*** CORAM: T. V. NALAWADE, J.

DATED: 20th NOVEMBER, 2015.

PER COURT:

1.

The application is filed for condonation of delay and for setting aside the order of dismissal for default made in First Appeal No.257 of 2000. Learned counsel is taking blame to himself. On instructions, he is making statement for original appellant that no interest will be claimed in respect of the period like 5107 days for which the matter was not on board as it was dismissed. The Appeal was filed for enhancement of the compensation awarded by Reference Court. In view of these

-:(2):- submissions and the statement made by learned counsel, the application is allowed. Delay is condoned. The order of dismissal of the appeal is hereby set aside. The appeal is restored to its original number. Learned counsel for the Applicant made a statement that the copies of appeal memo and other record, including the judgment and Award are supplied for reconstruction of the record as the record is destroyed by the office. [T.V. NALAWADE, J.] Dt.20/11/2015 ans/8491