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Bombay High CourtMCA/1075/2016admittedallwdgrantedrule absolute

Union Of India, Thr. General Manager v. Smt. Sunita W/O Rashtrapal Sirsat And Others

2016-10-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1900.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.1900 OF 2016 IN M.C.A. (ST.) NO.20677 OF 2016 IN FIRST APPEAL (ST.) NO.13428 OF 2016) (Union of India, through G.M. S-E Central Railway, Bilaspur ..vs.. Smt. Sunita w/o Rashtrapal Sirsat 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 N.P. Lambat, Advocate for the applicant/appellant. CORAM : Z.A. HAQ, J.

DATED : 27-10-2016 As registration of the first appeal was refused for non-removal of office objections, without issuing notice to the non-applicants/respondents and accepting the reasons stated in the application, delay of 10 days in filing application for restoration of the first appeal is condoned.

The civil application is allowed.

MISC. CIVIL APPLICATION (STAMP) NO.20677 OF 2016.

For the same reasons as recorded above, the order passed by the learned Registrar (Judicial) of this Court on 14-09-2016 is set aside and the first appeal is restored.

The miscellaneous civil application is allowed.

2 cao1900.16 FIRST APPEAL (STAMP) NO.13428 OF 2016.

Taken up for hearing on admission.

Notice for final disposal, returnable on 21-02-2017.

Call record and proceedings.

CIVIL APPLICATION (STAMP) NO.13431 OF 2016.

If the amount as per the impugned award is deposited with the registry of this Court within three months, the execution proceedings shall stand stayed, until further orders.

JUDGE adgokar