Deepak S/O Shankarrao Rase v. Shankar S/O Balkrushna Rase And Others

32 mca 66-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO.

/20 I N SECOND APPEAL ST NO. 12334/2022 Deepak s/o Shankarrao Rase Vs.

Shankar S/o Balkrushna Rase and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - Shri A.J. Gilda, Advocate for applicant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 14/09/2023 Present application is filed for restoration of Second Appeal Stamp No. 12334/2022. It appears that Registrar (Judicial), has passed conditional order on 8.9.2022, directing appellant to remove office objections within a period of 14 days, failing which, the registration shall be refused. However, it is an inadvertent mistake on the part of the clerk that he failed to deposit deficit court R.S. Sahare

32 mca 66-2023.odt fees within a period of 14 days. Therefore, registration was refused by learned Registrar (Judicial), and hence this order for dismissal was passed on 8.9.2022.

2.

The affidavit of concerned clerk is placed on record supporting the application. As such, the application is allowed. The order passed by Registrar (Judicial) dated 8.9.2022, is hereby set aside.

3.

The Registry is directed to restore Second Appeal on its original stamp number.

4.

After restoration of the second appeal, learned counsel for appellant to remove office objections within two weeks.

5.

The Misc. Civil Application is disposed of.

(SMT. M.S. JAWALKAR, J.) R.S. Sahare