Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Tulsabai Wd/O Motiram Teli Dead, Through L.Rs. Murlidhar S/O Motiram Teli And Others

1 cao483.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.483 OF 2015 IN MISC. CIVIL APPLICATION (STAMP) NO.1608 OF 2015 IN FIRST APPEAL NO.10811 OF 2012 (Maharashtra Industrial Development Corporation ..vs. Tulsabai wd/o Motiram Teli 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 M.M. Agnihotri, Advocate for the appellant, Shri M.A. Kadu, A.G.P. for the respondent No.4. CORAM : Z.A. HAQ, J.

DATED : 18-01-2017 By this application, the applicant/appellant prays that the delay of 850 days in filing Miscellaneous Civil Application (Stamp) No.1608/2015 be condoned. As the first appeal came to be dismissed before notices of first appeal could be served on the respondents, for not removing the office objections, without issuing notice to the respondents and accepting the explanation given by the applicant/appellant, the delay of 850 days in filing restoration application, is condoned.

The civil application is allowed accordingly. Misc. Civil Application (Stamp) No.1608/2015. For the same reasons as recorded above, the first appeal is restored.

The miscellaneous civil application is allowed.

2 cao483.15 First Appeal (Stamp) No.10811/2012.

If the office objections are not removed within four weeks, the appeal shall stand dismissed without reference to the Court.

JUDGE adgokar