Ashok Co-Operative Sugar Factory, Thr The Managing Director v. The New India Assurance Co. Ltd., And ANR

1 ca 5435.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.5435 OF 2022 IN FAST/9469/2021 ASHOK CO-OPERATIVE SUGAR FACTORY, THROUGH THE MANAGING DIRECTOR

VERSUS

THE NEW INDIA ASSURANCE CO. LTD., AND ANOTHER ...

Advocate for Applicant: Mr. Rahul B. Temak ...

CORAM:SHRIKANT D. KULKARNI, J.

DATE: 08th APRIL, 2022 PER COURT:

1.

This is an application for restoration of appeal.

2.

Heard Mr. Rahul B. Temak, learned Counsel for the applicant.

3.

Perused the order passed by the Registrar (Judicial) of this Court dated 01.03.2022. The registration of the appeal came to be refused since the appellant has failed to remove the office objections despite of giving more than 1 year time to the appellant / applicant. However,

2 ca 5435.2022 in the interest of justice and in order to decide the appeal on it's own merits, I am convinced to allow this application.

ORDER

[I] The application is hereby allowed in terms of prayer clause "B" on condition that the applicant shall deposit Rs.2,000/- as costs with the Secretary, High Court Legal Services Sub-Committee, Aurangabad within four (04) weeks from today.

[II] The Registry to make scrutiny of the appeal and then it be registered if all objections are removed and order of costs is complied with.

4.

Civil Application is accordingly disposed of. [SHRIKANT D. KULKARNI, J.] marathe