Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Dattu Motiramji Raut, Dead Through L.Rs. Smt. Vatsalabai Wd/O Datti Raut And 8 Others
14.08.CA0.1277.18+
IN THE COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO. 1277/2018 & MISC. CIVIL APPLICATION NO.777/2018 IN FIRST APPEAL NO.951/2011 (Maharashtra Industrial Development Corpn. Vs. Dattu Motiramji Raut (Dead) through LRs and others ) ...................................................... ........................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. S.M. Thakre Adv.h/for Mr M M Agnihotri, Adv.for applicant Mr. P.R.Agrawal, Adv. for respondents 2,3,4,5,6,7(ii) and 7(i) Mr. K.R.Lule, AGP for respondents 8 and 9 CORAM : MRS.SWAPNA JOSHI, J.
D ATED : 14th August, 2018.
This is an Application seeking condonation of delay of 2334 days in filing the restoration application.
Heard learned counsel for the respective parties. The learned counsel for the applicant submitted that on 11.10.2011 the First Appeal was admitted. On 24.01.2012 the matter was listed before the Registrar, who dismissed the appeal as against respondent nos.8 and 9 for not supplying copies. It is submitted that on 13.7.2018 the counsel for the appellant came to know about the rejection of the Appeal against respondent nos.8 and 9..
For the reasons mentioned in the Application, I am satisfied that the delay deserves to be condoned. The delay of 2334 days is in filing the restoration application is hereby condoned, subject to the payment of costs of Rs.500/- (rupees five hundred) to be
14.08.CA0.1277.18+ deposited with the High Court Bar Association Library, Nagpur. MCA No. 777/2018 This is an Application seeking restoration of the First appeal dismissed against the respondent nos.8 and 9. For the reasons mentioned in the Application, I am satisfied that application needs to be allowed. Hence, the First Appeal No. 951/2011 is restored as against the respondent nos. 8 and 9. The order dated 24.01.2012 passed by the Registrar (Judicial) is set aside. Office objection/s, if any, be removed within a period of two weeks.
The Civil Application stands disposed of.
JUDGE sahare