Prabhakar Mahadeorao Bangre v. Maharashtra State Road Transport Corporation, Through Its Divisional Controler
946. CAO 275 of 2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.275/2018 IN MISC. CIVIL APPLICATION ST. NO.18990/2017 IN LETTERS PATENT APPEAL NO.407/2017 (ST. NO.5156/2013) IN WRIT PETITION NO.2451/2011 (D) Prabhakar s/o Mahadeorao Bangre ...Versus...
Maharashtra State Road Transport Corporation, through its Divisional Controller, Tukumb Road, Durgapur, Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri C.V. Jagdale, Advocate for applicant Shri V.H. Kedar, Advocate for respondent CORAM : AVINASH G. GHAROTE, J.
DATE : 21/03/2023 1.
The civil application seeks condonation of delay of 04 years and 76 days in filing application for restoration of letters patent appeal, which was dismissed for non-removal of office objections by the order dated 29/04/2013. 2.
Shri C.V. Jagdale, learned counsel for the applicant, upon instructions, makes a statement that in case the appeal is allowed and any monetary benefits are receivable, the applicant/appellant shall not claim any interest on such
946. CAO 275 of 2018.odt monetary benefits for the duration of delay of 04 years 76 days. He also expresses his willingness to pay costs of Rs.2,000/- to be paid to the High Court Bar Association, Nagpur, accepting which statement, the delay is condoned, though there is objection of Shri V.H. Kedar, learned counsel for the respondent.
3.
The civil application is allowed, subject to payment of costs of Rs.2,000/- to the paid to the High Court Bar Association, Nagpur.
MISC. CIVIL APPLICATION ST. NO.18990/2017 1.
The misc. civil application seeks restoration of Letters Patent Appeal St. No.5156/2013.
2.
Considering the reasons given in the application and the undertaking by Shri C.V. Jadgale, learned counsel for the applicant to remove the office objections by the end of this week, the order dated 29/04/2013 is set aside and the matter is restored to its original file.
3.
The misc. civil application is allowed and disposed of accordingly. No order as to costs.
(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR