← Library
Bombay High CourtMCA/1043/2015dispossed offdismiss for default

Ranchandra S/O Shivnath Paswan v. Niranjansingh S/O Dilipsing And Anor.

2015-01-13Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Mridula R. Bhatkar3 pages

13012015caono.526.2014 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (O) No. 526 of 2014 in M.C.A.No. /2014 in F.A.No. 1094 of 2007 Ramchandra s/o Shivnath Paswan vs. Niranjan Singh s/o Dilip Singh and another.

Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

Mr. D.R.Rupnarayan, Adv. for applicant.

Mr. C.A.Anthony, Adv. for R-2.

CORAM: B.R.GAVAI & MRS. MRIDULA R. BHATKAR,JJ DATE : 13.1.2015 This application is for condonation of delay in filing the application for restoration of the first appeal, which came to be dismissed for want of prosecution.

This application is vehemently opposed by Mr. C.A.Anthony, the learned counsel for respondent no.2, on the ground that the delay is not at all sufficiently explained. Perusal of the application would reveal that the counsel, who was appointed by the applicant/ appellant, had joined the judicial service, but, however, had not informed him

13012015caono.526.2014 2 about his inability to continue with the brief. The applicant/ appellant was, therefore, required to contract another counsel and filed the present application.

Taking into consideration the grounds raised in the application, we are inclined to allow the application. Hence, the application for condonation of delay is allowed, however, subject to condition that in the event, this Court allows the appeal and enhance the compensation already awarded, the appellant would not be entitled to any interest for the period between the date on which appeal came to be dismissed for want of prosecution and the date on which the application for restoration is made.

Misc. Civil Application St. No. 346 of 2014 in F.A.No. 1094 of 2007:

This application for restoration of the first appeal, is taken on Board. For the reasons stated in the application, the application is allowed. The First Appeal is restored to file on the condition that the private paper books would be filed within four seeks from today.

JUDGE JUDGE patle

13012015caono.526.2014 3