Smt. Prabhavatibai Wd/O Vijaykumar Pede v. Union Of India, Its General Manager South Central Railway, Secunderabad

1 21cao1370.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.1370 OF 2024 IN MISC. CIVIL APPLICATION ST. NO.21894 OF 2023 IN FIRST APPEAL NO.1119 OF 2018 [D] [Prabhavati wd/o Vijaykumar Pede .vs. Union of India] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Priya A. Thakare, Advocate for Applicant. Ms. N.G. Chaubey, Advocate for Respondent.

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CORAM : SANJAY A. DESHMUKH, J.

DATE : 11 th DECEMBER, 2024.

1.

This is an application for condonation of delay of 257 day caused for filing the restoration application of first appeal which was dismissed for non filing the paper book. 2.

Perused the application.

3.

Heard the learned advocates for both sides.

4.

Learned advocate for the respondent strongly opposed the application.

5.

For the reasons stated in the application, the application deserves to be allowed on certain conditions. The application is allowed. The delay is hereby condoned. 6.

After receipt of record and proceedings, the learned advocate for the applicant is directed to provide the depositions of the witnesses and necessary documents to the respondent within a month. Subject to these conditions, the application is allowed and disposed of.

2 21cao1370.24.odt Misc. Civil Application St. No.21894/2023 1.

Heard.

2.

Issue notice to the respondent.

3.

Ms. N.G. Chaubey, learned advocate waives notice for the respondent.

4.

Considering the reasons stated in the application, the application is allowed in the interest of justice. First Appeal No.1119/2018 1.

Heard.

2.

Issue notice to the respondent.

3.

Ms. N.G. Chaubey, learned advocate waives notice for the respondent.

4.

Call for record and proceedings.

5.

Filing of the paper book is dispensed with, subject to condition to supply all necessary documents to the respondent. 6.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Gulande