Bombay High CourtCAO/72/2016admittedallwdgrantedrule absolute

Mah. State Power Generation Co. Ltd. ( Mah. State Electricity Board) Thr. Its Executive Engineer v. Leeladhar S/O Bapurao Parate And 2 Others

2016-08-26Hon'Ble Shri Justice Z.A. Haq3 pages

1 cao70.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 70 OF 2016 AND CIVIL APPLICATION (CAO) NO. 71 OF 2016 AND CIVIL APPLICATION (CAO) NO. 72 OF 2016 IN CIVIL APPLICATION (CAF) NO. 707 OF 2015 IN FIRST APPEAL ST. NO.25328 OF 2014 (MAHARASHTRA STATE POWER GENERATION CO. LTD.....VS..LEELADHAR BAPURAO PARATE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Nachiket G. Moharir, Advocate for applicant. CORAM : Z.A.HAQ, J.

DATED : AUGUST 26, 2016.

Though notices are served none appears for the legal representatives of the respondent nos. 1 and 2. Accepting the reasons stated in the applications which are not controverted, the delay in filing the application for bringing legal representatives on record is condoned, the abatement is set aside and the appellant is permitted to bring on record the legal representatives of the respondent No.1, whose details are given in paragraph No.3 of Civil Application No. 72 of 2006.

The Civil Applications are allowed.

2 cao70.16 CIVIL APPLICATION NO.701/2015.

This application is shown disposed in view of the order passed on 14th June, 2016. The learned advocate for the applicant/ appellant has submitted that Civil Application Nos. 70/2016, 71/2016 and 72/2016 were listed on 14th June, 2016, however, the order condoning delay which was passed on Civil Application No. 70/2016 is shown to have been passed on Civil Application No. 701/2015. Civil Application No. 701/2015 is filed by the applicant/ appellant seeking condonation of delay of 1368 days in filing the appeal. The facts on record show that the submission made on behalf of the applicant/ appellant that the order dated 14th June, 2016 was passed on Civil Application No. 701/2015 appears to be correct as inordinate delay of 1368 days could not have been condoned unless the legal representatives of contesting respondents are brought on record.

Hence, the order dated 14th June, 2016 is recalled. Civil Application No. 701/2015 is restored. Issue notice of Civil Application No.701/2015, returnable on 13th January, 2017.

JUDGE RRaut..

3 cao70.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 30/08/2016.