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Bombay High CourtCAO/704/2020ca disposed off

Rameshrao Dnyanbarao Gawali v. State Of Maharashtra Through Collector, Washim And Others

2023-07-27Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 CAO 704.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CAO No.704/2020 in MCA St. No.5387/2020 in RC No.166/2020 (MCA (St) No.22403/2019 in R.C.No.716/2019 (F.A.St.9034/2019) ( Rameshrao Dnyanbarao Gawali Vs. State of Maharashtra 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. R.N. Ghuge, Advocate for the appellant/applicant. CORAM : SMT. M.S. JAWALKAR , J .

DATED : 27 - 07-2023 1.

Heard.

2.

Present application is filed for condonation of delay in filing MCA St. No.22403/2019. There is delay of 27 days in filing application for restoration vide MCA St.No.22403/2019.

3.

It appears that Registrar (Judicial) refused the registration of Misc. Civil Application St. No.22403/2019 in First Appeal St.No.9034/2019 for non removal of office objections within the prescribed period vide its order dated 21.01.2020.

4.

Learned counsel for the appellant submits that the application for restoration of the said Misc. Civil Application in First Appeal could not be moved within seven days. As such, application for condonation of delay of 27 days is filed in Misc. Civil Application for restoration of Misc. Civil Application. This itself shows that no due diligence is shown by the learned counsel for the appellant.

5.

As such though I am allowing application, it

2 CAO 704.20 shall be subject to payment of costs of Rs. 3000/- to the High Court Bar Library within a period of three weeks. As such application is disposed of.

6.

Registry is directed to register the Misc. Civil Application (St) No.5387/2020 in MCA St.

No.22403/2019.

Misc. Civil Application (St) No.5387/2020 7.

Present application is filed for restoration of Misc. Civil Application St. No.22403/2019 in First Appeal St. No.9034/2019.

8.

For the reasons stated in the application, order passed by the Registrar (Judicial) dismissing the application for removal of office objections is hereby set aside.

9.

Registrar (Judicial) is directed to register Misc. Civil Application (St.) No.22403/2019 in First Appeal St.No.9034/2019, subject to payment of costs as directed in C.A.F. No.704/2020. After Misc. Civil Application St. No.9034/2019 is registered, list the matter before the Court.

JUDGE ambulkar Signed By:MUKUND LAXMANRAO AMBULKAR Private Secretary