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Bombay High CourtCAO/502/2023delay condonatedrejected

V.I.D.C. Thr. Exe. Engineer, Patbandhare Prakalpa Vikas, Minor Irrigation Works Division, Nagpur v. State Of Maharashtra Thr. Collector, S. P. L. Officer, Minor Irrigation Works, Nagpur And Another

2023-04-06Hon'Ble Justice Urmila Joshi Phalke2 pages

25caf1001.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1001/2023 IN FIRST APPEAL STAMP NO. 21001/20 V.I.D.C. Thr. Exe. Engineer, Nagpur Vs State Of Maha., Collector, Thr. Nagpur And Another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms U.A. Patil, counsel for the applicant/appellant. Mr M.A. Kadu, AGP for respondent No.1.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/04/ 3.

1.

Heard.

2.

The present application is filed for seeking permission to serve respondent No.2 by way of the paper publication.

3.

It is submitted by learned counsel Ms U.A. Patil that despite several efforts, the notice was not served on respondent No.2 for want of the correct address. 4.

In view of the submissions made by the learned counsel for the applicant and considering the reasons mentioned in the application, the applicant is permitted to serve respondent No.2 by way of the paper publication by publishing the notice in the newspaper which is widely circulated.

Civil Application is disposed of.

rkn

25caf1001.23.odt Civil Application No.

/202 1.

The present application is for condonation of delay which is caused in preferring the application for restoration. 2.

The appeal is dismissed as necessary steps are not taken to serve respondent No.2, now, the appellant has taken steps to serve the respondent No.2.

3.

In view of that, the delay caused in filing the application for restoration is hereby condoned. Civil application is disposed of.

Civil Application No. 1000/2023 For the reasons mentioned in the application, the appeal is restored at its original stage as the steps have already been taken by the applicant.

Civil Application is disposed of.

JUDGE rkn