Bombay High CourtCAO/634/2020disposedoff

Suresh Janardhan Gawali v. State Of Maharashtra, Through Collector, Wardha And 2 Others

2020-09-29Hon'Ble Shri Justice S.M. Modak2 pages

F.A.778.2014 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAO) No.634 of 2020 IN Miscellaneous Civil Application Stamp No.2735 of 2020 IN First Appeal No.778 of 2014(D) Suresh Janardhan Gawali Vs. State of Maharashtra and Others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Sharad Thakare, Advocate for the Appellant. Ms. Shamsi Haider, A.G.P. for Respondent No. 1. Shri M.A. Kadu, Advocate for Respondent Nos. 2 and 3. CORAM : S.M. MODAK, J.

DATE : 29 th SEPTEMBER, 2020.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper. This Court has granted six weeks' time to appellant to file private paper book on condition to deposit the costs of Rs.1000/-. The appellant could not deposit the amount in time and accordingly, the appeal stands dismissed automatically.

Later on, the appellant has deposited the amount with High Court Bar Association on 5th February 2020. It is opposed by learned Advocate Shri M.A. Kadu for respondent Nos. 2 and 3 and learned A.G.P. Ms. Shamsi Haider for respondent No.1. The reasons quoted in the delay condonation application and restoration application are genuine. In view of that, following order is passed:-

O R D E R

i. The delay in filing restoration application is condoned.

F.A.778.2014 2/2 ii.The appeal is restored.

iii.Both the civil applications are disposed of. First Appeal No.778/2014 Two weeks' time is granted to appellant for filing private paper book.

Matter be kept in 3rd week of October, 2020.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE vijay