Nagnath Aabasaheb Kakade v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 9985 OF 2013 IN RC/381/2013 WITH CA/9986/2013 IN RC/379/2013 WITH CA/9987/2013 IN RC/377/2013 WITH CA/9988/2013 IN RC/375/2013 WITH CA/9989/2013 IN RC/373/2013 WITH CA/9990/2013 IN RC/371/2013 SAVITA NAGNATHRAO KAKADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Manish P. Tripathi AGP for Respondents: Mr. A.M. Phule CORAM : K.K. SONAWANE, J.

DATE : 22nd November, 2017.

PER COURT:

1] Heard learned counsel for the applicant. Perused the applications. The objections raised on behalf the registry were not removed within stipulated period. Therefore, the learned Registrar refused registration of appeal and passed the impugned order dtd. 26.2.2013.

2] The learned counsel for the applicant submits that inadvertently , objections were not removed but he undertakes to remove the office objections within two weeks after restoration of the appeal. 3] In view of the nature of subject matter, being one more opportunity to the applicant, the application stands allowed in terms of prayer clause (B) and (C). The impugned order refusing registration is quashed and set aside by condoning the delay for filing the application for recalling the order. Proceeding of appeal be restored at its original stage. After restoration of appeal, the applicant shall remove the office objections, within 2 weeks, failure to which the present order passed for restoration of the appeal shall stand vacated automatically. The application stands allowed and disposed of.

[K.K. SONAWANE] JUDGE.

grt/-

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