Executive Engineer, Yavatmal Project Construction Division, Yavatmal v. Shivshankar Laxman Kale And 2 Others

1 mca863.19in-fa1324-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Misc. Civil Application No. 863 of 2019 in First Appeal No.1324 of 2017 Executive Engineer, Yavatmal Project Construction Division, Yavatmal Vs.

Shivshankar Kale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Ira P. Khisti, Advocate for appellant.

Mrs. A.R. Kulkarni, AGP for respondents No.2 and 3. CORAM : MANISH PITALE, J.

DATED : AUGUST 26, 2019 This is an application seeking restoration of the First Appeal, which stood dismissed on account of failure of the appellant to file paper book. The learned counsel for the appellant informs that paper book is ready and since the appeal was admitted for final hearing it may be restored in the interest of justice. 2.

For the reasons stated in the application, the same is allowed and the appeal is restored subject to learned counsel for the appellant filing paper book within a period of one week.

3.

The application is disposed of.

2 mca863.19in-fa1324-17.odt 4.

Upon restoration Mrs. A.R. Kulkarni, learned AGP waives notice on behalf of the respondents No.2 and 3.

5.

Notice be issued to respondent No.1 returnable in four weeks.

JUDGE MP Deshpande