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Bombay High CourtCA/5120/2018disposed offdismissed for default

Mahadev Baburao Shep And ORS v. The State Of Maharashtra And ORS

2018-08-01Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) ca5120.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5120 OF 2018 IN FAST/42073/2017 MAHADEV BABURAO SHEP AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS Mr. Sandeep D. Munde, Advocate for the applicants Mr. A.S. Shinde, AGP for the respondent/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

01.08.2018 P.C. :- Heard Mr. Sandeep D. Munde, learned Advocate for the applicants. By this present application, applicants pray for quashing and setting aside the order passed by the learned Registrar dated 20.03.2018, thereby refusing registration for non removal of office objection within stipulated period.

2.

Learned counsel invited our attention to the statement made at paragraph 2 of the application. It is submitted that the certified copy of the award is filed but the copy itself was not legible. The learned counsel then submitted that the applicants are requesting the Court below for suppling the certified copy. Learned counsel then submitted that now the applicants are having the certified copy as well as a typed copy for perusal of this Court. The learned Counsel then submitted that as the applicants who were the original

( 2 ) ca5120.18 claimants have raised substantial grounds in the appeal for challenging the award wherein inadequate amount of compensation is awarded. The appeal may not be dismissed on technical grounds that too there being any default on the part of the applicants.

3.

In view of the statement made at para 2 of the application, the application is allowed. The appeal is restored to its file subject to applicants file the certified copy alongwith typed copy within one week from today. The application is resultantly allowed in terms of prayer clause (B).

4.

Stand over to 08.08.2018.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / ssp August18/ca5120.18