Bombay High CourtCAO/1297/2015dismissedrule discharged

Smt. Nandabai W/O Bhaurao Dongre v. Maharashtra State Eletricity Board,Through Its Chairman Bombay And Others

2017-01-18Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1297.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.1297 OF 2015 IN MISC. CIVIL APPLICATION (STAMP) NO.9178 OF 2015 IN CIVIL REVISION APPLIATION NO.319 OF 2001 (Smt. Nandabai w/o Bhaurao Dongre ..vs..Maharashtra State Electricity Board, through its Chairman and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.R. Thote, Advocate for the applicant.

CORAM : Z.A. HAQ, J.

DATED : 18-01-2017 Heard Shri V.R. Thote, Advocate for the applicant.

The applicant has filed Civil Application No.1297/2015 and Miscellaneous Civil Application (Stamp) No.9178/2015 praying that the Civil Revision Application No.319/2001 which was dismissed in default on 07-12-2005 be restored.

As there is delay of about 3406 days in filing the miscellaneous civil application, this application is filed praying that the delay be condoned. The only reason given for the delay is that the Advocate who represented the applicant in the civil revision application stopped practice and he had not taken steps to remove the office objections and had not informed the applicant in the

2 cao1297.15 matter. The explanation given by the applicant cannot be accepted. Though the Advocate should inform the party about the progress of the matter, it is not expected from the party/litigant that he should not be attentive and should not keep the track of the matter. The party/ litigant should be vigilant and should enquire about the progress of the matter from his Advocate.

I find that the explanation given by the applicant is not acceptable. The application praying for condonation of delay is dismissed. Consequently, the miscellaneous civil application is also dismissed. JUDGE adgokar