Shri Narendra S/O Natthuji Harode v. Shri Kailash S/O Natthuji Harode

1 / 2 38-MCA 382.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR M. C. A. (Resto.) NO. 382 OF 2022 IN REJECTED SECOND APPEAL (STAMP) NO. 3540 OF 2022 Shri Narendra S/o Natthuji Harode vs.

Shri Kailash S/o Natthuji Harode ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. A. R. Agrawal, Advocate for applicant.

CORAM :

SMT. M. S. JAWALKAR J.

DATE : 12/10/2022 The present application is filed for restoration of Second Appeal (St.)No.3540 of 2022, which came to be dismissed-in-default for want of removal of office objections. The learned Registrar (Judicial) passed a conditional order granting time to remove office objections and in failure thereof the case was dismissed.

2.

It is the contention of the applicant that he moved an application for certified copy of the judgment and decree passed by the learned trial Court, which was to be received, as such the failure KOLHE

2 / 2 38-MCA 382.2022 to remove office objections within the stipulated period of time on the part of the applicant was not deliberate.

2.

For the reasons stated in the application, the same is allowed. The order passed by the learned Registrar(Judicial) in pursuance of order dated 09/06/2022, is hereby set aside.

3.

The Registry is directed to restore the Second Appeal on its original Stamp Number. The learned counsel for appellant to take necessary steps within a week thereafter for removal of office objections.

JUDGE CHANDRAKANT KOLHE 19:15 KOLHE