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Bombay High CourtCAO/141/2023delay condonatedrejected

V. I. D. C. Through Its Executive Engineer, Medium Project Division, Yavatmal And Another v. Gajanan Dattatray Bandurkar (Dead) Through Lrs. Pramila Gajanan Barudkar And Others

2023-02-03Hon'Ble Justice Urmila Joshi Phalke2 pages

1 38-CAO No.141.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CA O ) NO.

OF 20 IN M.C.A. (ST.) NO. 2113 OF 2023 IN FIRST APPEAL (ST.) NO. 2884 OF 2022 Vidarbha Irrigation Development Corporation, Medium Project Division Yawatmal and another ..VS..

Gajanan Dattatray Bandurkar (Dead) through LRs. Pramila Gajanan Bandurkar and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M.A. Kadu, Advocate for applicants.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : FEBRUARY 03, 2023 By this application applicants are seeking condonation of delay which is caused in filing restoration application.

2.

As per the contention of the applicants as the office objection was not removed within a period of 14 days, registration shall stand refused.

3.

Considering the reasons mentioned in the application, that inadvertently the office objections remained to be removed and the order of the Registrar was not noted by the learned counsel.

4.

In view of the reasons mentioned in the application, application is allowed.

2 38-CAO No.141.2023 5.

The delay of 99 days caused in filing restoration application is condoned.

6.

Application is disposed of.

M.C.A. (ST.) NO. 2113 OF 2023 1.

The note of the Registrar to remove office objections within 14 days is not noted by the learned counsel and inadvertently it remained to be removed. 2.

In view of the reasons mentioned in the application, the application is allowed.

3.

The appeal be restored on its original stage on condition that the appellant shall remove the office objections within two weeks.

4.

The application is disposed of.

JUDGE Kirtak BHIMRAO JANARDHAN 19:06