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Bombay High CourtCA/10844/2014disposed offdismissed for default

Maharashtra Industrial Development Corporation Latur v. Laxminarayan Ganeshlalji Bangad And Others

2017-12-12Hon'Ble Shri Justice K. K. Sonawane1 pages

1 929 CA-10844-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10844 OF 2014 IN RC/1346/2014 MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION LATUR

VERSUS

LAXMINARAYAN GANESHLALJI BANGAD AND OTHERS ...

Advocate for Applicant : Mr. S. B. Bhosale.

AGP for Respondents No.2,3 : Mr. S. J. Salgare. ...

CORAM : K.K. SONAWANE, J.

DATED : 12TH DECEMBER, 2017.

Order :- Heard learned counsel for applicant - Acquiring Body. Perused the application. Learned counsel for applicant submits that due to unavoidable circumstances the objection notified by the Registrar could not be removed within stipulated period by the applicant resulting into the refusal of registration of appeal. He undertakes to remove the entire office objections within a week in case proceedings of appeal came to be restored at its original stage. He prayed to restore the appeal. 2.

In view of reasons mentioned in the application and submission advanced at bar on behalf of applicant, there is no impediment to allow the application. Accordingly, application stands allowed in terms of prayer clause 'B'. The impugned order of refusal of registration of First Appeal dated 07-10-2014 is hereby set aside and quashed. The proceedings of First Appeal (Stamp) No. 1346 of 2014 be restored at its original stage. The applicant/appellant to remove office objections notified on behalf of Registrar within period of a week from the date of restoration of said proceedings, failure to which, the present order shall stand vacated automatically without further reference to this Court. 3.

The application stands disposed of in above terms accordingly.

[ K. K. SONAWANE ] JUDGE rrd.