Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Rajendra Parasram Tarte And 2 Others

32 cao 857-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.857/2025 IN MISC. CIVIL APPLICATION ST. NO.17505/2024 IN FIRST APPEAL NO.1918/2019 (D) Chief Executive Engineer Madhyam Prakalpa Vibhag, Yavatmal Vs.

Prajendra Parasram Tarte and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Ms Ira P. Khisti, Advocate for applicant Shri Mohit Dube, Advocate h/f Shri A.B. Nakshane, Advocate for respondent No.1 Mrs Mukta R. Kavimandan, AGP for respondent Nos.2 and 3 CORAM : PRAVIN S. PATIL, J.

DATE : 11.11.2025 Heard.

2.

Issue notice to the respondents, returnable after one week.

3.

Shri A.B. Nakshane, learned Counsel waives service of notice for respondent No.1.

4.

Mrs. M.R. Kavimandan, learned AGP waives service of notice for respondent Nos.2 and 3.

5.

By this application, the applicant is seeking condonation of 249 days in filing the application for restoration of appeal. According to the appellant, the paper book is ready and same can be filed before this Court within

32 cao 857-2025.odt one week. Hence, by accepting the statement of the appellant, the delay of 249 days caused in filing the restoration application is condoned.

MISC. CIVIL APPLICATION ST. NO.17505/2024 1.

Learned Counsel for applicant states that in view of the common order dated 06.09.2023, the applicant has to file the private paper book within a period of 12 weeks. However, due to unavoidable reasons, she could not file the same with the Registry of this Court. However, he made a statement on bar that within a period of one week, the private paper book will be filed in the matter. Hence, for the reasons stated in the application, the application is allowed. 2.

The order dated 06.09.2023 in respect of present appeal is recalled and office is directed to restore the present appeal.

3.

List the matter for final disposal as per its turn for filing of private paper book.

(PRAVIN S. PATIL J.) R.S. Sahare