Sunanda Sudhakarrao Burghate v. State Of Maharashtra Through Collector, Wardha And 2 Others

31cao530.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 530/2023 IN MCA ST. NO. 5485/2023 IN F.A. NO. 1056/2015 Sunanda Sudhakarrao Burghate Vs State Of Maharashtra Through Collector, Wardha And 2 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr C.R. Najbile, advocate for the applicant/appellant. Mr M.A. Kadu, AGP for the respondent Nos. 1 and 2. Ms Anjali Agrawal, advocate h/f Ms A.S. Athalye, advocate for the respondent No.3.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/04/ 3.

1.

Heard.

2.

The present application is for seeking condonation of delay which is caused in preferring the restoration application.

3.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos. 1 and 2.

4.

Ms Anjali Agrawal, advocate holding for Ms A.S. Athalye, learned advocate waivers service of notice on behalf of respondent No.3.

5.

As per the contention of the applicant that inadvertently, the applicant has not noted the conditional order of this Court about the filing of the private paper-book. In the meantime, the record and rkn

31cao530.2023.odt proceedings was sent back to the reference Court. Thereafter, the applicant has obtained the certified copies of the reference Court. Therefore, delay of 634 days is caused in filing the application for restoration. 6.

The said application is strongly opposed by learned AGP for respondent Nos. 1 and 2 as well as Ms Agrawal, advocate holding for Ms A.S.Athalye, learned advocate for respondent No.3 on the ground of delay is not properly explained.

7.

In view of the reasons mentioned in the application, the delay is caused which appears to be just and reasonable. The delay deserves to be condoned, subject to the waiver of the interest for 634 days. In view of the above, the civil application is disposed of.

Misc. Civil Application St.No. 5485/2023 1.

On the filing of the private paper-book within a period of three weeks, the appeal be restored on its original stage.

2.

On failure to file a private paper-book, the earlier order passed by this Court will survive. Misc. Civil Application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn