V.I.D.C. Thr. Exe. Engineer, Shanupur Project, Achalpur And Another v. Sahebrao Bapurao Kherde And Others

2024:BHC-NAG:8209 17-CAO 889-24 in MCAst 14148-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 889 OF 2024 IN MISC. CIVIL APPLICATION (ST.) NO. 14148 OF 2024 IN FIRST APPEAL (ST.) NO. 6591 OF 2021 (D) V.I.D.C. THR. EXE. ENGINEER, SHANUPUR PROJECT, ACHALPUR AND ANOTHER -Vs. - SAHEBRAO BAPURAO KHERDE AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs. Anjali A. Joshi, Advocate for appellant/applicant. Shri M.A. Kadu, AGP for respondent nos. 2 and 3/State. CORAM : SANJAY A. DESHMUKH , J.

DATED : 29/07/ This is an application for condonation of delay of 462 days caused in preferring an application for restoration of the appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Issue notice to the respondents.

5.

Shri M.A. Kadu, learned AGP waives notice for respondent nos. 2 and 3.

6.

The respondent no. 1/claimant is already served. 7.

Considering the various reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed.

17-CAO 889-24 in MCAst 14148-24.odt 8.

Delay of 462 days caused in preferring the application for restoration of appeal is hereby condoned. 9.

Accordingly, the application stands disposed of. MISC. CIVIL APPLICATION (ST.) NO.

14148 OF 2024 10.

This is an application for restoration of appeal dismissed for non removal of office objections. 11.

Issue notice to the respondents.

12.

Shri Shri M.A. Kadu, learned AGP waives notice for respondent nos. 2 and 3.

13.

The respondent no. 1 is already served.

14.

Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. The appeal be restored to file.

15.

The application stands disposed of.

FIRST APPEAL (ST.) NO. 6591 OF 2021 16.

Issue notice to the respondents, returnable after two weeks.

17.

Shri Shri M.A. Kadu, learned AGP waives notice for respondent nos. 2 and 3.

18.

The learned counsel for the appellant seeks two weeks' time to remove office objections. Two weeks' time is granted.

(SANJAY A. DESHMUKH, J.) B. T. Khapekar