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Bombay High CourtCAO/935/2024delay condonatedrejected

Superintending Engineer, Upper Wardha Project Circle (V.I.D.C.) And Another v. State Of Maharashtra, Through Honble Collector And Another

2024-08-03Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:8432 18.cao.935.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.935 OF 2024 IN MCA ST. NO.13123 OF 2024 IN FIRST APPEAL NO.588 OF 2015 (D) Superintending Engineer, VIDC, Amravati & Anr. .Vs. State of Mah., & Anr. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M. Kukday, Advocate for appellants.

Shri M.A. Kadu, A.G.P. for respondent No.1/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 03/08/2024 1.

This is an application for condonation of delay of 832 days for filing application for restoration of first appeal. The appeal was dismissed for not submitting the paper book as per the direction of this Court. 2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

Considering peculiar set of facts and the reasons stated in the application, the application deserves to be allowed in the interest of justice.

5.

Application is allowed and disposed of.

C.L. Dhakate

18.cao.935.24.odt MISC. CIVIL APPLICATION ST. NO. 13123 OF 2024 6.

This is an application for restoration of first appeal. The appeal was dismissed for not filing of paper book.

7.

The learned advocate for the appellants submits that paper book is ready therefore, he prays for restoring the appeal. Application therefore deserves to be allowed in the interest of justice with condition that appellants to file paper book within one week. 8.

Registry is directed to accept the paper book. 9.

Appeal is restored.

10.

Application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate