V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur, Amravati v. Mas. Sandeep Haridas Gade, Through Father Mr. Haridas Keshav Gade And Others

916 cao1041.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1041 OF 2025 & MISC. CIVIL APPLICATION STAMP NO.19189 OF 2025 IN FIRST APPEAL STAMP NO.16374 OF 2023 VIDC Vs. Mas. Sandeep Haridas Gade (through Father) and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms A.S. Athalye, Advocate for appellant.

Shri H.J. Deshmukh, Advocate for respondent no.1. Shri M.A. Kadu, AGP for respondent no.2.

CORAM : M.W. CHANDWANI, J.

DATE : 03.10.2025.

1.

By this application, the applicant is seeking condonation of delay in filing the application for restoration of appeal, which came to be dismissed for non-removal of office objection.

2.

The contention is that the counsel for the appellant could not mark the matter and therefore, could not remove the office objection within time.

3.

Considering the reasons mentioned in the application and period of delay i.e. 588 days, delay is condoned. For the same reasons, the application for restoration of appeal is allowed subject to payment of costs of 2,500/- to the ₹ District Bar Association, Gondia and removal of office objections, if any, within four weeks.

4.

Both applications stand disposed of.

916 cao1041.25.odt CAF 3573/2025 5.

By this application, respondent no.1 is seeking permission to withdraw the amount deposited by the appellant.

6.

For the reasons mentioned in the application and submission of the respective counsels, 75% of the decreetal amount alongwith accrued thereon is permitted to be withdrawn by the respondent no.1 upon furnishing usual undertaking to the registry.

7.

The application stands disposed of.

JUDGE Wagh