Vidc Thr. Exe. Eng. Left Canal Of Pothara Project, Wardha v. Chindhu S/O Sitaram Kothekar And 2 Others

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 969 OF 2019 IN MISC. CIVIL APPLICATION (ST) NO. 9059 OF 2019 IN FIRST APPEAL NO. 294 OF 2014 (V.I.D.C.Wardha V/s Chindhu Sitaram Kothekar & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. P. B. Patil, Advocate for Appellant.

Mrs. M. A. Barabde, AGP for Respondent Nos.2 & 3. ------- CORAM : MRS. SWAPNA JOSHI, J.

DATE : APRIL 30, 2019.

P.C.

.

Heard learned Counsel for the Appellant.

2.

By this Application, Appellant seeks condonation of delay caused in filing the application for restoration of Appeal.

3.

For the reasons mentioned in the Application, I am satisfied that delay caused in preferring the application for restoration of Appeal is properly explained and sufficient ground is made out for condoning the delay.

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4.

In view thereof, delay caused in preferring the application for restoration of Appeal is condoned in terms of prayer clause therein, subject to payment of costs of Rs.500/-.

5.

The costs to be deposited with High Court Bar Association Library, Nagpur.

6.

The Civil Application stands disposed of accordingly.

MISC. CIVIL APPLICATION (ST) NO. 9059 OF 2019 .

This is an application for restoration of First Appeal No. 294 of 2014 which was dismissed in pursuant to the conditional order passed by this Court on 23rd March 2017.

2.

Mr. Patil, the learned Counsel for Appellant submits that inadvertently private paper book was not filed on record within stipulated period, therefore, the First Appeal came to be dismissed.

3.

The learned Counsel for Appellant undertakes to submit the private paper book within a period of one week from today. Statement is accepted. 4.

In view thereof, First Appeal No. 294 of 2014 is hereby restored to its original file. 2/3

5.

Misc. Civil Application stands disposed of accordingly.

(MRS. SWAPNA JOSHI, J.) 3/3