Bombay High CourtCAF/4184/2017admittedallwdgrantedrule absolute

Indian Airport Authority, Gondia Thr. Authorized Officer v. State Of Maharashtra, Thr. Collector, Gondia And Others

2018-08-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf4184.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.4184 OF 2017 IN FIRST APPEAL ST. NO. 21949 OF 2017 (INDIAN AIRPORT AUTHORITY....VS.. STATE OF MAHARASHTRA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Vaishali Khadekar, Advocate for Appellant. Shri S.B.Bissa, A.G.P. for Respondent Nos. 3A and 3C. CORAM : Z.A.HAQ, J.

DATED : AUGUST 21, 2018.

The office note shows that the application against the respondent Nos.3A to 3C is dismissed as per the order passed by the learned Registrar(Judicial) on 23rd January, 2018. The learned Registrar (Judicial) recorded that in spite of several opportunities, the applicant/appellant had not supplied copies to be served on the respondent Nos.3A to 3C. The learned advocate for the applicant has pointed out that the Civil Application No. 1462 of 2018 is filed on behalf of the respondent Nos.3A to 3C praying that they be permitted to withdraw the amount deposited by the applicant/ appellant with the Registry of this Court. As the respondent Nos. 3A to 3C have put in appearance, the order passed by the learned Registrar (Judicial) is set aside and the application dismissed against the respondent Nos. 3A to 3C is restored. Civil Application No.1462 of 2018 is filed by the respondent Nos. 3A to 3C on 15th February, 2018 for withdrawal of the amount, however, till date the respondent No.3A to 3C have not given any reply to the Civil Application No. 4184 of 2017.

2 caf4184.17 Accepting the explanation given in the application, which is uncontroverted, delay of 209 days in filing the appeal is condone.

The civil application is allowed accordingly. No costs.

Office to take further steps in the matter.

JUDGE RRaut..