← Library
Bombay High CourtCAO/1306/2023delay condonatedrejected

Shri Satish S/O Manoharrao Bansod v. M/S Saipratiksha Divelopers Through Its Partners, Dinkar S/O Vyankatrao Raut And Others

2023-10-20Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 910 cao 1306-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1306/2023 IN MISC. CIVIL APPLICATION ST. NO.18422/2023 IN SECOND APPEAL ST. NO.20117/2022 (REJ.) Shri Satish s/o Manoharrao Bansod Vs.

M/s Saipratiksha Developers, thr. Its partners, Dinkar s/o Vyankatrao Raut and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.D. Randive, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

20/10/ The present application is filed for condonation of delay in filing restoration application. There is delay of 35 days in filing application. It appears that the Registrar (Judicial) passed conditional order dated 21/06/2023 and granted 14 days time to file certified copy. However, certified copy is not received and objection was not removed, hence, matter came to be dismissed on 05/07/2023. The matter could not be noticed and registration was refused by the order of the Registrar (Judicial). 2.

For the reasons stated in the application, the delay is hereby condoned subject to payment of costs of Rs.1000/- to be paid to the Maharashtra State Legal Service Sub Committee, Nagpur within two weeks. 3.

The Registry is directed to register the Misc.

2 910 cao 1306-2023 Civil Application.

4.

The application stands disposed of accordingly.

MISC. CIVIL APPLICATION ST.18422/2023 1.

The present application is filed for restoration of Second Appeal St. No.20117/2022.

2.

For the reasons stated in the application, the application is allowed.

3.

The Registry is directed to register Second Appeal No.20117/2022 on its original number, after payment of cost as directed in Civil Application No. 1306/2023.

4.

After registration of the same, the learned Counsel for appellant to remove office objections within two weeks.

5.

The application stands disposed of.

JUDGE R.S. Sahare