V.I.D.C. Through Executive Engineer, Lower Project Division, Yavatmal v. Dada Pandurang Chaudhari And Others
1 cao408.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.408 OF 2022 IN MISC. CIVIL APPLICATION ST. NO.8228 OF 2022 IN R.C. NO.277/2020 [FA ST. NO.22510/2019) [VIDC .vs. Dada Pandurang Chaudhari 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 H.D. Marathe, Advocate for the applicant-appellant, Shri S.A. Ashirgade, Addl.G.P. for respondent nos.2 and 3. ..........
C ORAM : SMT. M.S. JAWALKAR, J.
D ATE : 13/06/2022 .
Heard.
The present application is filed by the applicant-appellant for condonation of delay of 91 days in filing restoration application.
It appears that for non-removal of office objections, Registry has refused to register the First Appeal St. No.22510/2019 vide order dated 18.02.2020. In the month of March-2020, lock-down was declared and therefore appellant could not remove office objections. There is sufficient and justified reason stated for condonation of delay in the application, however, it can not be overlooked that there are lapses on the part of appellant for not taking any steps to remove office objections. Thus, application is allowed, subject to costs of Rs.1,000/- to be deposited in the
2 cao408.22.odt High Court Bar Library, Nagpur within a period of one week from today. The order dated 18.02.2020 passed by the Registrar is hereby set aside. The reasons stated in Misc. Civil Application are the same as given in application for condonation of delay. Hence, M.C.A. St. No.8228/2022 is also allowed. Registry is directed to register First Appeal St. No.22510/2019 on its original number.
[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE PS to the Hon'ble Judge