Executive Engineer Medium Project Division No.1 v. Pandit Daga Patil And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 CIVIL APPLICATION NO. 2973 OF 2014 IN FA/3145/2011 EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION NO.1 DHULE, SINCHAN BHAVAN, SAKRI ROAD, DHULE

VERSUS

PANDIT DAGA PATIL AND ANOTHER ...

Advocate for Applicant : Smt.Jadhav Vaishali D. Mr. M.S.Deshpande h/f Mr.C R Deshpande, Adv., for respondent no.1. ...

CORAM : P.R. BORA, J.

Dated: April 07, 2016 ...

PER COURT :- 1.

This is an application filed by the acquiring body seeking condonation of delay which has been caused in filing the restoration application and for recalling order dated 7th February, 2012. Learned Counsel submitted that after the matter was admitted, the next stage was to pay the printing charges, however, inadvertently, printing charges could not be paid and, consequently, the matter was dismissed for non payment of the printing charges. However, the said fact also could not be noticed by the learned Counsel for the appellant and the moment it was noticed, present application was filed. 2.

Learned Counsel for the original claimants has fairly conceded for condonation of delay. Hence following order:

ORDER

a) The delay caused in filing the restoration application is condoned and the appeal stands restored. Application allowed accordingly.

( P.R. BORA, J. ) AGP/-