Shri Vinayak Mahadeorao Kavitkar And Others v. The State Of Maharashtra Thr. Collector, Amravati And Others

2025:BHC-NAG:6556 1 cao702.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO. 702 OF 2025 & M.C.A. (STAMP) NO. 10712 OF 2025 IN CIVIL APPLICATION (STAMP) NO. 8408 OF 2020 AND FIRST APPEAL (STAMP NO. ( Vinayak s/o Mahadeorao Kavitkar and others ..vs.. State of Maharashtra and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.S. Kokhale, Advocate h/f. Mr. R.J. Shinde, Advocate for the appellant, Ms. M.R. Kavimandan, A.G.P. for respondent Nos. 1 and 2, Mr. M.A. Kadu, Advocate for respondent No.3.

CORAM : ABHAY J. MANTRI, J.

DATED : 10-07-2025 The applicants/appellants have filed these applications to condone the delay caused in filing the application for restoration of the first appeal and application, and application for restoration of the first appeal and application, which was dismissed for want of non-removal of office objections. 2.

It appears that for non-removal of the office objections, the appeal was dismissed vide order dated 13-06-2023. It is contended that due to oversight, the Advocate could not appear before the Registrar (J) nor was aware of the passing of the order. As such, the appeal was dismissed.

3.

The learned Advocate for the appellants undertakes to remove the office objections within two weeks. On instructions, he also submits that the appellants are willing to waive interest on the amount for the delayed period, if any, that will be awarded to them. His statement is accepted as an undertaking to the Court.

2 cao702.25.odt 4.

Considering the above fact and no objection given by the other side, the applications are allowed as prayed. The delay of 669 days in filing the application for restoration of the appeal and application is condoned. The application for restoration of the first appeal and application is also allowed. The first appeal and application will be restored to their original position, subject to removal of the office objections within two weeks. 5.

Both applications are disposed of accordingly. (ABHAY J. MANTRI, J.) adgokar