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Bombay High CourtCAO/1948/2019disposedoff

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer v. Subhas Bapurao Bire Dead, Through L.Rs. Smt. Shashikala Subhash Bire And 4 Others

2020-02-28Hon'Ble Shri Justice Anil S. Kilor2 pages

13-fa-626-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1948 OF 2019 IN MISC. CIVIL APPLICATION (ST) NO.18946 OF 2019 IN FIRST APPEAL NO. 626 OF 2012 (Vidarbha Irrigation Development Corporation, through its Executive Engineer, Lower Wardha Project Division, Wardha Vrs. Subhas Bapurao Bire & others) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri J.B.Kasat, learned counsel for the applicant. Mrs. Ritu Kalia, learned AGP for the respondent nos. 2 and 3.

CORAM : ANIL S KILOR, J.

DATE :

th FEBRUARY, 2020.

This is an application filed by the applicant-VIDC for condonation of delay in filing the application for restoration of First Appeal.

Shri J.B.Kasat, learned counsel for the applicant submits that there is a delay of 389 days in preferring the application for restoration of First Appeal. He submits that for non-filing of private paper book within stipulated period, the appeal was dismissed. He submits that due to oversight the steps were not taken in the present matter to file the private paper book.

Respondent nos. 1(a) to 1(c) are served.

13-fa-626-12 However, none appears for the respondent nos. 1(a) to 1(c).

Mrs. Ritu Kalia, learned A.G.P. for the respondent no.2 and 3 has no objection, if the present application is allowed.

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

Delay of 389 days in filing the application for restoration of First Appeal, is condoned. The civil application is disposed of.

MISC. CIVIL APPLICATION (ST) NO. 18946 OF 2019 For the reasons stated in the application, the application is allowed.

Office is directed to restore the matter back to its original number on a condition that the applicant shall file the private paper book within four weeks, failing which the matter shall stands dismissed without reference to this Court.

The civil application is disposed of.

JUDGE sknair