Shri. Ramdas S/O Vitthalrao Kamdi v. Union Of India Through General Manager, Central Railway, C.S.T., Mumbai

2024:BHC-NAG:14265 30.cao.1203.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1203 OF 2024 IN M.C.A. ST. NO.18195 OF 2024 IN FIRST APPEAL NO.838 OF 2019 (D) Ramdas S/o Vithhal Kambdi .Vs. Union of India Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.G. Bagul, Advocate for appellant.

Ms Neerja Chaubey, Advocate for respondent.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 20/12/2024 1.

This is an application for condonation of delay of 1181 days caused for filing application for restoration of appeal which was dismissed for not submitting the paper book within eight weeks prescribed by this Court. 2.

Heard learned advocate for the appellant.

3.

Perused the application.

4.

The learned advocate for the appellant submitted that record and proceedings was not yet received therefore, it was very difficult to prepare paper book. He submits that, generally if paper book is not received then this Court is dispensed with paper book with condition to file copies of the deposition. He therefore submits to allow the application.

5.

Considering reasons stated in the application, it appears that delay is not deliberately caused, the application

30.cao.1203.24.odt therefore deserves to be allowed in the interest of justice. The application is allowed. Delay of 1181 days is condoned. 6.

Application is disposed.

M.C.A. ST. NO.18195 OF 2024 1.

This is an application for restoration of appeal. 2.

Heard learned advocate for the appellant.

3.

Perused the application.

4.

The learned advocate for the appellant submitted that record and proceedings was not yet received therefore, it was very difficult to prepare paper book. He submits that, generally if paper book is not received then this Court is dispensed with paper book with condition to file copies of the deposition. He therefore submits to allow the application.

5.

Considering reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed.

6.

Filing of paper book is dispensed with.

7.

Application is disposed.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate