Ramesh Babulal @ Jethmal Paliwal v. State Of Maharashtra Thr. The Collector Wardha And Others

2024:BHC-NAG:13714

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1392 OF 2024 IN MCA ST. NO.8443 OF 2023 IN FIRST APPEAL NO.1273 OF 2017 (D) Ramesh Babulal @ Jethmal Paliwal .Vs. State of Mah., and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Vidya Umale, Advocate for appellant.

Shri Shyam Bissa, A.G.P. for respondents/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 13/12/2024 1.

This is an application for condonation of delay of 379 days caused for filing application for restoration of appeal.

2.

Heard learned advocates for both sides.

Perused the application.

The learned advocate for the appellant submitted that record and proceeding was called but not yet received. The appellant is ready to file private paper book as per the directions of this Court. It is lastly prayed to allow the application.

5.

On perusal of application and the argument of learned advocate for the appellant, delay is not deliberately caused. The application deserves to be allowed in the interest of justice. The application is allowed. Delay of 379 days is condoned.

6.

Application is disposed.

M.C.A. ST. NO.8443 OF 2023 1.

This is an application for restoration of appeal dismissed for not filing of private paper book. 2.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed.

Application is disposed.

CIVIL APPLICATION ST. NO.8446 OF 2023 1.

This is an application for condonation of delay, setting aside abatement and permission to bring the legal representatives of the appellant on record.

2.

Heard learned advocates for both sides.

Perused the application.

Considering grounds stated in the application, the application deserves to be allowed as prayed. 5.

Delay of 259 days is condoned. Abatement is set aside and permission is granted to bring the legal representatives of appellant on record. Amendment be carried out within a week.

FIRST APPEAL NO.1273 OF 2017 1.

Issue notice to the respondents.

2.

The learned A.G.P. waives service of notice for the respondents/State.

Issue fresh request for call record and proceedings if it is not received.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate