Ujvala Wd/O Sudhakar Charhate And 2 ORS. v. Rajesh Gaurishankar Agrawl And Anor.

1 cao1386.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.1386 OF 2019 WITH MISC. CIVIL APPLICATION (ST.) NO.14612 OF 2019 IN FIRST APPEAL NO.424 OF 2008 (D) (Ujwala wd/o Sudhakar Charhate and others ..vs.. Shri Rajesh Gaurishankar Agrawal and another) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Gayatri Dive, Counsel h/f. Shri P.R. Agrawal, Counsel for the applicants/appellants, Shri V.D. Dixit, Counsel for respondent No.1. CORAM : M.G. GIRATKAR, J.

DATED : 08-01-2020 The applications are filed for condonation of delay of 109 days and for restoration of the appeal. The appeal was dismissed on 27-2-2019 as none present for the appellants and respondents.

2.

Heard Ms. Gayatri Dive, learned Counsel for the applicants/appellants. She has submitted that the date was not noted in the diary of counsel and, therefore, could not remain present. She has submitted that the applicants/appellants have good case on merits and she is ready to argue finally.

3.

Looking to the ground, the applications are allowed. Delay is condoned. The appeal is restored at the stage when it was dismissed.

2 cao1386.19 First Appeal No.424/2008 Put up on 20-1-2020.

JUDGE adgokar