Bombay High CourtCAF/757/2016admittedallwdgrantedrule absolute

Maharashtra State Power Generation Co. Ltd., Through Its Executive Engineer (Civil), Urjanagar v. Smt. Sindhubai Wd/O Baburao Zade And 8 Others

2017-07-27Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

fa358.12.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.358 OF 2012 (Maharashtra State Power Generation Co. Ltd., thr. its Executive Engineer (Civil), Chandrapur Vs. Smt. Sindhubai wd/o Baburao Zade and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri N.G. Moharir, Advocate for Appellant.

Ms. Shamsi Haider, AGP for Respondent No.9.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 27 th JULY, 2017.

Civil Application (F) Nos.755/2016, 756/2016 And 757/2016:

The first application is for condonation of delay in filing the application for setting aside abatement against respondent No.4, the second application is for setting aside abatement and the third application to bring legal heirs of respondent No.4 on record. The proposed legal representatives of respondent No.4 are already served as per the office note.

Hence, for the reasons given in the application, the delay is condoned, the order of abatement is set aside, as the application to bring legal heirs of respondent No.4 on record is allowed.

Appellant to carry out necessary amendment in the clause time within a period of two weeks.

fa358.12.O.odt 2 Civil Application (F) No.758/2016:

This is an application for restoration of appeal against respondent No.1, came to be dismissed for default for not supplying the correct address.

Now, the application for correct address of respondent No.1 is given. In view thereof, the order of dismissing the appeal against respondent No.1 is set aside. The appeal is restored against him.

Issue notice to respondent No.1, returnable on 21.09.2017.

JUDGE NSN