V.I.D.C. Thr. Exe. Engineer, Medium Project Division, Yavatmal And Another v. Shankar Narayan Thool And Others

38.caf.174.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

N AGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.174 OF 2023 IN MISC. CIVIL APPLICATION ST. NO. 2110 OF 2023 IN FIRST APPEAL ST. NO. 2869 OF 2022 V.I.D.C and anr. vs. Shankar Narayan Thool and ors. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Mallika Babhylkar, Advocate h/f Shri M.A. Kadu, Advocate for the appellant.

Ms. Haider, A.G.P. for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- FEB RUARY , 2023.

Heard.

2.

By preferring this application, the applicant is seeking condonation of delay, which is caused in filing the restoration application.

3.

As per the contention of the applicant/appellant, the appeal was filed within time, however Registry has raised some objections. Said objections are not noted inadvertently by the appellant, and therefore, the same were not removed.

4.

As the Registrar (Judicial) has passed conditional order and the office objections were not removed therefore, the registration of the appeal was rejected.

5.

Heard learned Counsel Ms. Babhulkar for the appellant and perused the application.

6.

It appears that inadvertently the applicant/appellant has not noticed the office objections,

38.caf.174.23.odt and therefore not removed hence, the Registrar (Judicial) has rejected the registration of appeal.

7.

In view of the reasons mentioned in the application, the delay is condoned. The application stands disposed of.

MISC. CIVIL APPLICATION ST. NO. 2110 OF 2023 On removal of the office objections, the appeal be restored at its original stage.

2.

The appellant to remove the office objections within two weeks. On failure to remove the office objections, the appeal stands dismissed without further reference to the Court.

3.

Stand over to 21/02/2023.

(URMILA JOSHI-PHALKE, J.) *Divya Signed By:DIVYA SONU BALDWA Personal Assistant