M/S P.H. Sales Corporation, Thr. Partner, Mr. Ravindra Narayandas Khandelwal v. The State Of Maharashtra, Thr. Land Acquisition Officer And Sub Divisional Officer, Akola And ANR

2024:BHC-NAG:171 1 mca 761.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Misc. Civil Application No. 761 of 2022 in First Appeal No.

of 20 (D) [M/s P. H. Sales Corporation through its Partner Mr. R. N. Khandelwal ..vs.. The State of Maharashtra through Land Acquisition Officer & S.D.O., Akola and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. K. E. Meshram, Advocate h/f Mr. M. G. Sarda, Advocate for the applicant/appellant Mrs. D. I. Charlewar, AGP for the non-applicant no. 1/State CORAM : ANIL L. PANSARE J .

DATED : 04-01 -202 By present application, the applicant is seeking to restore First Appeal No. 590/2017.

It appears that vide order dated 22-6-2021, the applicant - appellant was directed to file private paper book within a period of six months which the applicant could not because of existence of Covid pandemic situation.

The application has been filed on 21-2-2022. The Supreme Court in Suo Motu Petition (C) No. 3/2020 has been pleased to take a view that the period between 15-3-2020 till 28-2-2022 should be excluded for the purposes of limitation. That being so, the applicant has justified his inaction in not filing private paper book within six months i.e. within the period prescribed by the Hon'ble Supreme Court.

In view thereof, the application deserves to be allowed and it stands allowed.

2 mca 761.2022.odt Learned counsel for the applicant/appellant submits that paper book is ready and same will be filed within five working days. First Appeal No. 590/2017 is restored on file.

First Appeal No. 590 of 2017 The appellant shall file paper book within five working days, failing which, the appeal shall stand dismissed without further reference to the Court. If paper book is filed, the Registry shall process the appeal for final hearing in accordance with rules. (Anil L. Pansare, J.) wasnik