Orange City Educational And Medical Research Foundation, Nagpur And 1 v. Sayyad Athar Khwaja Since Deceased Thr. Lrs. Smt. Nazma Athar Khwaja Wd/O Sayyad Athar Khawaja And

cao1326.16.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.1326 OF 2016 IN MISC. CIVIL APPLICATION STAMP NO.1157 OF 2016 IN FIRST APPEAL NO.818 OF 2014 (Orange City Educational & Research Foundation, a Company under the Companies Act, Nagpur and another Vs. Sayyad Athar Khwaja since thr. legal representatives thr. Smt. Nazma Athar Khwaja wd/o deceased Sayyad Athar Khawaja and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.V. Bhangde, Advocate for Appellants.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 27 th JULY, 2017.

This application is preferred to condone the delay of 149 days in filing the restoration application. The second application is for restoration of the appeal, which came to be dismissed for default for not filing of the private paper-book within six months.

It is submitted by learned counsel for appellant that the private paper-book is ready and it was also given to the office. However, as it was given after the period has expired, he is constrained to file this application. In view of the above, the delay in filing application for restoration of appeal is condoned, the application for restoration of the appeal is allowed subject to condition of the appellant filing of private paper-book within a week.

JUDGE NSN