Bombay High CourtCAO/116/2018ca disposed off

Shri Prabhakar Natthuji Bhande v. Sau. Neela Purushottam Itanare And Another

2021-10-08Hon'Ble Shri Justice Avinash G. Gharote2 pages

cao116.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (O) NO. 116/2018 IN M.C.A.St.No. 7880/2017 in FIRST APPEAL NO. 192/2007 Prabhakar Natthuji Bhande ...Versus...

Sou. Neela Purushottam Itnare and anr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- Mr. Nitin Vyawahare, Advocate for applicant/appellant Mrs.Sonali Saware-Gadhawe, Advocate for Respondents 1 & 2 CORAM : AVINASH G. GHAROTE, J.

DATE : 08/10/2021 Civil Application (O) No.116/2018 is to condone the delay of 1340 days in filing application for restoration of First Appeal, which came to be dismissed in default on 5.7.2013. The appeal was admitted for final hearing on 9.3.2007. The application demonstrates that an amount of Rs. 2,00,000/- has been deposited as against the award which is for Rs. 1,64,000/-. The entire amount is therefore secured. The application states that the counsel was absent on 5.7.2013 when the matter was called out, which is the reason, it was dismissed for want of prosecution.

In para 4 of the application, reasons have

cao116.18.odt been given as to the failure of the appellant to contact the counsel thereafter on account of his transfer, accepting which, the delay is condoned. C.A.(O) No. 116/18 is allowed, in spite of the opposition by the learned counsel for the respondents.

For the same reason, the application for restoration i.e MCA St. No. 7880/17 is allowed. Civil applications stand disposed of.

The appeal is restored to file.

Mrs. Saware, learned counsel waives notice on behalf of the respondent Nos. 1 and 2.

List the matter for final arguments, in the week commencing from 25th October, 2021, considering the appeal is of the year 2007.

JUDGE rvjalit