V. I. D. C. Bembla Project, Awadhootwadi And Another v. Madan Gulabrao Ingole And 2 Others

cao1779.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1779/2018 AND M.C.A. (ST.) NO.16940/2018 IN F. A. ST.NO.1320/2018 (R.C.552/2018) V.I.D.C. through its Executive Engineer, Bembla Project Division Yavatmal .vs. Madan Gulabrao Ingole and Ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. A. Kadu, Advocate for applicant.

Mr. A.Balpande, A.G.P.for non applicant nos.2 & 3-State. CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 5, 2018 Heard Mr. Kadu, learned counsel for applicants.

On this application, notice to the contesting non applicant no.1 is not required to be issued since the appeal filed on behalf of applicants was rejected for non payment of Court Fees even before issuance of notices. After hearing learned counsel for applicants and after perusal of the application, I am satisfied that the applicants have made out a case for condonation of delay and for restoration of the first appeal. Consequently, the applications are allowed. The delay is condoned. First Appeal Stamp No. 1320/2018 is restored to file. The applicants to deposit the Court fee within 10 days from today.

The applications are disposed of.

JUDGE kahale