Manoj S/O Samirmal Kotecha v. State Of Maharashtra Through The Collector, Yavatmal And 2 Others

2023:BHC-NAG:14625 1 21.cao.06.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 06 OF 2021 IN MISC. CIVIL APPLICATION (ST.) NO. 794 OF 2020 I N CROSS APPEAL STAMP NO. 20345 OF 2019 IN FIRST APPEAL NO. 371 OF 2017 Manoj S/o. Samirmal Kotecha VS.

State of Maharashtra and others.

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

and Registrar's Orders.

Mr A. B. Nakshane, Adv. h/f. Mr D. A. Sonwane, Advocate for the appellant Ms Trupti Udeshi, AGP for the State Mr M. A. Kadu, Advocate for respondent No.3 CORAM :

G.A. SANAP, J.

DATE :

OCTOBER 6, 2023.

Heard.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.

4.

Learned Advocate Mr. M. A. Kadu, waives service of notice on behalf of respondent No.3.

5.

This is an application for condonation of one day delay caused in filing restoration application for setting aside

2 21.cao.06.2021 dismissal order passed in Cross Appeal (Stamp) No.20345 of 2019.

6.

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

7.

The delay of one day stands condoned.

8.

The restoration application be registered.

9.

However, it is made clear that from the date of dismissal till date the appellants shall not be entitled to get the interest or any other statutory benefit for this delayed period.

10.

The Civil Application stands disposed of, accordingly.

MISC. CIVIL APPLICATION (St.) NO.

11.

Heard.

12.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.

13.

Learned Advocate Mr. M. A. Kadu, waives service of notice on behalf of respondent No.3.

14.

It is stated that the cross appeal was under office objection. The office objections could not be removed. It is stated that the period of removal of office objections expired during christmas vacation. In view of the reasons stated in

3 21.cao.06.2021 the application, the application is allowed. The dismissal order is set aside.

15.

The Cross Appeal (Stamp) No.20345 of 2019 be restored to its original file.

16.

The office objections in Cross Appeal (Stamp) No.20345 of 2019 be removed within two weeks. 17.

The Misc Civil Application stands disposed of, accordingly (G. A. SANAP, J.) Namrata