Shri Vinod Madanlal Bang Lrs. Of Madanlal Bang And Others v. Mahadeorao S/O Shankarrao Bundele And Others
2023:BHC-NAG:15609 10-CAO 568-22 in MCAst 8775-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAO) NO.
OF 20 IN MISC. CIVIL APPLICATION (ST.) NO. 8775 OF 2022 IN SECOND APPEAL (ST.) NO. 7581 OF 2021 (REJ.) SHRI VINOD MADANLAL BANG, LRS. OF MADANLAL BANG (DEAD) AND ORS. ...VERSUS...
MAHADEORAO S/O. SHANKARRAO BUNDELE AND ORS.
____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri A.C.Khare, Advocate for appellants.
Shri P.A.Deshpande, Advocate for LRs. of respondent no. 2.
CORAM
:
SMT. M. S. JAWALKAR,J.
rd OCTOBER , 2023 DATE :
The present application is filed for condonation of delay in filing application for restoration of Second Appeal (St.) No. 7581/2021. There is delay of 98 days.
2.
It appears that the matter was notified for removal of office objections. On account of Covid-19 pandemic and for the other reason which was beyond the control of erstwhile counsel, the objections could not be removed and hence, the Registrar (J) was pleased to refuse the registration and accordingly, the matter was dismissed.
3.
I am satisfied that there is justifiable reason for non-removal of office objections. As no due diligence is shown, the application is allowed, subject to costs. Delay in filing application for restoration of Second Appeal (St.) is hereby condoned, subject to costs of
10-CAO 568-22 in MCAst 8775-22.odt Rs. 1,000/- to be paid to Vidarbha Lady Lawyers' Association within a period of two weeks.
4.
Registry is directed to register the restoration application bearing MCA (St.) No. 8775/2022.
5.
Accordingly, the application stands disposed of. MISC. CIVIL APPLICATION (ST.) NO. 8775 OF 2022 For the reasons stated in the application, the application is allowed. The order passed by Registrar (J) dated 09/12/2021 is hereby set aside.
2.
Registry is directed to restore the Second Appeal (St.) No. 7581/2021 after deposit of costs as directed above in CAO No 568/2022.
3.
Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar