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Bombay High CourtCAO/782/2024ca disposed off

V.I.D.C. Thr. Exe. Engineer, Nimn Painganga Project Division, Yavatmal v. Shri Satish Marotrao Wairagade And Others

2024-07-10Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:7271 1 27-CAO No.782.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 782 OF 2024 IN MISC. CIVIL APPLICATION (ST.) NO. 7026 OF 2024 IN FIRST APPEAL NO. 389 OF 2022 (D) V.I.D.C. through Executive Engineer, Nimna Painganga Project, Yavatmal ..VS..

Shri Satish Marotrao Wairagade and two others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A.M. Kukday, Advocate for applicant/appellant. Mr. M.A. Kadu, AGP for respondent Nos.2 and 3. CORAM : SANJAY A. DESHMUKH, J.

DATED : 10 th JULY, 2024 1.

This is an application for condonation of delay of 451 days caused for filing application for restoration of First Appeal No.389 of 2022, under Section 5 of the Limitation Act.

2.

Perused the application.

3.

Heard learned Advocate for both sides.

4.

Learned Advocate for the appellant submits that paper book is ready.

5.

Considering this fact and the reasons stated in the application, the application is allowed in the interest of justice as prayed. Delay of 451 days caused for filing application for restoration is condoned.

6.

The application is disposed of.

2 27-CAO No.782.2024 MISC. CIVIL APPLICATION (ST.) NO. 7026 OF 2024 1.

This is an application for restoration of the First Appeal No. 389 of 2022.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

In view of the submission of learned Advocate for the appellant that paper book is ready, the application deserves to be allowed.

5.

The application is allowed in the interest of justice. 6.

One week time is granted to the learned Advocate for the appellant to submit paper book on record. 7.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Kirtak