Vidarbha Irrigation Development Corp. Thr. Ex. Engg. Bembla Project Division, Yavatmal And Another v. Shalikram Laxman Chute (Deceased) Through Lrs. Smt. Girijabai Shalikram Chute And Others

8 CAO-896-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (O) NO.896 OF 2022 IN MISC. CIVIL APPLICATION (ST.) NO.18746 OF 2022 IN FIRST APPEAL NO.23 OF 2019 {Vidarbha Irrigation Development Corporation and Anr. ..V/s.. Shalikram Laxman Chute (Deceased) and Ors.} ________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri M. Kadu, Advocate for the Applicant/Appellant. Shri A. B. Nakshane, Advocate for the Respondents No.1(a to f). Ms T. H. Udeshi, AGP for the Respondents No.2 and 3. CORAM : ABHAY AHUJA, J.

DATE : 17 th NOVEMBER , 202 2 .

.

This is an application seeking restoration of an appeal, which came to be dismissed for non filing of private paper book within a period of six months, pursuant to a conditional order of this Court dated 21.12.2018. Shri Kadu, learned counsel for Appellants submits that there is also delay of 498 days in filing this application for restoration.

2.

Shri Nakshane, learned counsel for Respondents No.1(a) to 1(f) has no objection, if the delay is condoned. Ms Udeshi, learned Assistant Government Pleader for Respondents No.2 and 3 also does not raise any particular objection.

3.

Having heard learned counsel and having perused the application, let the delay of 498 days in preferring the application for restoration of appeal be condoned. Let the

8 CAO-896-2022 appeal be restored to file.

4.

Let the private paper-book be filed in the old format by the next date. The application accordingly stands disposed.

FIRST APPEAL NO.23 OF 2019.

5.

List the first appeal on 19.12.2022.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE