Smt. Veena Wd/O Shankar Gajella And Others v. Union Of India Through The General Manager, South Central Railway, Secunderabad (A.P.)

20.CAO 614.2022 in MCAst 12603.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 614 OF 20 2 2 IN MISC. CIVIL APPLICATION (ST.) NO. 12603 OF 20 2 2 IN RC NO. 384/2019 (FA ST. NO. 24742/2018) Smt. Veena Wd/o. Shankar Gajella and others ...VERSUS...

Union of India, thr. General Manager, South Central Railway, Secunderabad (A.P.) ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.G.Bagul, Advocate for appellants.

Ms. Neerja G. Chaubey, Advocate for respondent.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th AUGUST , 2022.

The present application is filed by the appellants for condonation of delay in filing restoration application for restoring the First Appeal. There is delay of 477 days.

2.

It is contended that the matter was under objection. However, inadvertently, the counsel for the appellants could not mark the matter in the daily cause list and therefore, he could not remove the office objections within time. Therefore, the appeal was dismissed. 3.

The learned counsel for the respondent opposed the present application.

4.

For the reason stated in the application, the application is allowed.

5.

The delay in filing restoration application is hereby condoned. 6.

Accordingly, the application is disposed of.

20.CAO 614.2022 in MCAst 12603.2022 MISC. CIVIL APPLICATION (ST.) NO. 12603 OF 2022 The present application is filed for restoration of First Appeal (St.) No. 24742 of 2018, which came to be dismissed for non-removal of office objections.

2.

It is submitted that inadvertently, the counsel for the appellants could not mark the matter in the daily cause list and therefore, he could not remove the office objections within time. 3.

For the reasons stated in the application, I am satisfied that for the bonafide reason, the learned counsel could not remove office objection. Accordingly, order passed by Registrar (J) dated 09/04/2019 is hereby set aside.

4.

The Registry is directed to register the First Appeal (St.) No. 24742 of 2018 to its original number.

5.

After the appeal is register, the appellants to remove office objection within two weeks.

6.

The application stands disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar