Pratibha Wd/O Rajendra Rathod And Others v. Harikishor S/O Mishrilal Malviya And Other

30-CAO 701-23 in MCAst-8697-23 in FAst 295.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CA O ) NO.

OF 20 IN MISC. CIVIL APPLICATION (ST.) NO.

OF 20 IN FIRST APPEAL (ST.) NO. 295 OF 2023 PRATIBHA WD/O. RAJENDRA RATHOD AND ORS.

...VERSUS...

HARIKISHOR S/O. MISHRILAL MALVIYA AND ANR.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri D.S.Kushwani, Advocate for applicants/appellants.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JUNE, 2023 The present application is filed by the appellants/applicants for condonation of 12 days' delay in filing the application for restoration of First Appeal.

2.

It appears that the appeal was dismissed for want of removal of office objection in respect of Court Fees. It also appears that while calculating the Court fees, there was some error and the matter was dismissed for want of appropriate Court fees. For the reasons stated in the application, I am satisfied that there is no intentional or deliberate delay in filing the restoration application. Accordingly, the application is allowed. The order passed by Registrar(J) dated 05/04/2023 is hereby set aside. 3.

Delay in filing restoration application is hereby condoned.

30-CAO 701-23 in MCAst-8697-23 in FAst 295.23.odt 4.

Registry is directed to register the restoration application bearing Misc. Civil Application (St.) No. 8697/2023. 5.

Accordingly, the application stands disposed of. MISC. CIVIL APPLICATION (ST.) NO.

OF 20 The reasons for non-removal of office objection in respect of Court fees is duly explained in the application. As such, application is allowed.

2.

Registry is directed to restore the First Appeal (St.) No. 295/2023.

3.

Accordingly, the application stands disposed of. FIRST APPEAL (ST.) NO. 295 OF 2023 After restoration of First Appeal (St.) No. 295/2023, learned counsel for the appellants to remove office objections within two weeks.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar