Bombay High CourtCAO/1331/2014admittedallwdgrantedrule absolute

Executive Engineer, Upper Wardha Cannal Division No. 1, Amravati v. Sahebrao Narayanrao Sote And Others

2015-01-28Hon'Ble Shri Justice Z.A. Haq3 pages

1 cao1331.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.1331/2014 IN M.C.A. STAMP NO.17791/2014 IN C.A.O. NO.849/2012 IN REJ. M.C.A. NO.61/2013 IN FIRST APPEAL NO.460/2006 Executive Engineer, Upper Wardha Cananl Division No.1, Amravati ..Versus..

Sahebrao Narayanrao Sote and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 28.1.2015 Heard Shri A.B. Patil, the learned advocate for the applicant and Shri M.A. Kadu, the learned A.G.P. for the non-applicants 2 and 3. Shri Patil, the learned advocate for the applicant submits that the delay in filing the application for restoration is of 608 days and not

2 cao1331.14 of 1570 days.

The first appeal was filed by the applicant/appellant challenging the order passed by the Reference Court enhancing the amount of compensation. The first appeal was admitted for final hearing. For not filing the private paper book within the stipulated time, the appeal came to be dismissed. The applicant/appellant had filed application for restoration of the appeal of which the notices were directed to be issued, however, the process fee was not paid within time and, therefore, the application for restoration was dismissed. Shri Patil, the learned advocate submits that the applicant/appellant has deposited 50% of the amount as per the order passed by this Court. Considering the facts of the case, the Civil Application No.1331/2014 praying for condonation of delay in filing the application for restoration and M.C.A. Stamp No.17791/2014 praying for restoration of Civil Application No.849/2012 are allowed. The order passed by the learned Registrar (J.) on 8 th January, 2013 is set aside. The Civil Application No.849/2012 is restored.

3 cao1331.14 C.A.O. NO.849/2012 Notice, returnable on 6 th April, 2015.

Shri Kadu, the learned A.G.P., waives notice for the non-applicants 2 and 3.

JUDGE Tambaskar.