Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer, Amravati v. Dilip Hiralal Shah And 2 Others
Order 4caf 910-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.1047/2021 WITH CIVIL APPLICATION (CAF) NO.356/2021 IN FIRST APPEAL ST. NO.3235/2014 Maharashtra Industrial Development Corporation Vs.
Dilip s/o Hiralal Shah and others.
Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
Shri Mayank Agnihotri, Advocate for appellant Shri N.R. Patil, AGP for respondent No.3.
CORAM : S.M. MODAK , J.
DATE : 15/06/2022 Heard learned Advocate for the appellant.
2.
Learned Registrar (Judicial) as per his order dated 27/08/2019 has dismissed the appeal as correct address of respondent no.1 was not given inspite of giving of sufficient opportunity. At that time delay condonation application in preferring the appeal was also pending. Subsequently the appellant has given correct address of respondent No.1 and it was allowed vide order dated 23/09/2021 passed in Civil Application No.1048/2021. Notice was also issued to respondent No.1 of this application. However farad sheet does not said anything about service. Even otherwise his presence is not required.
2.
It is true to say that initial proceedings were dismissed by learned Registrar (Judicial) for want of furnishing correct address. At
Order 4caf 910-2018 that stage, respondent No.1 was not having any correct address. After making attempts, appellant got the correct address of respondent No.1. This explanation is acceptable. There is delay of 23 days in moving restoration application. Reasons are convincing. Both the applications are allowed. Delay caused in filing restoration application is condoned. Proceedings are restored against respondent No.1.
CIVIL APPLICATION NO.910/2018 There is a delay of 134 days in preferring first appeal. 2.
Issue notice to respondents, returnable after four weeks. 3.
Learned AGP waives notice for respondent No.3. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE