Sanjay S/O Someshwar Taide v. Rajendra S/O Devidas Dhale And 2 Others

4.CAO 95.22 in MCAst 25749.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 95 OF 2022 IN MISC. CIVIL APPLICATION (ST.) NO. 25749 OF 2019 IN SECOND APPEAL NO. 247 OF 2016 (D) Sanjay S/o. Someshwar Taide @ Narayan Uttamrao Taide ...VERSUS...

Rajendra S/o. Devidas Dhale 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 D.S.Khushalani, Advocate for appellant/applicant.

CORAM

:

SMT. M. S. JAWALKAR, J.

DATE :

th NOVEMBER , 2022 Heard.

Inspite of service, none appears for respondent nos. 1 to 3. 2.

The present application is filed by the appellant/applicant for condonation of delay in filing the application for restoration of Second Appeal.

3.

It is submitted that the learned counsel appearing for appellant has shifted to New Delhi and no information was given to the appellant. The Second Appeal came to be dismissed on 07/06/2018 by Registrar (Judicial) for want of supply of copies for issuance of notices to respondent nos. 1 to 3. Though the delay has been explained, there is negligence on the part of the appellant, so also the appellant has not taken any steps for 552 days. As such,

4.CAO 95.22 in MCAst 25749.19 the application is allowed, subject to costs of Rs. 1,000/- to be paid to the High Court Bar Association, Nagpur within a period of one week. Accordingly, the application stands disposed of. MISC. CIVIL APPLICATION (ST.) NO. 25749 OF 2019 The reasons stated in the application that the counsel for the appellant did not inform the appellant about dismissal of Second Appeal and matter was dismissed. The appellant prays for restoration of Second Appeal. For the reasons stated in the application, the application is allowed.

2.

Registry is directed to register the Second Appeal on its original number. After registration of same, the appellant/applicant to remove office objection within one week.

3.

After registration of Second Appeal on its original number and supplying of copies for issuance of notices to respondent nos. 1 to 3 (i.e. after removal of office objection), issue notice on admission to the respondents, returnable within three weeks. (Smt. M.S. Jawalkar, J.) B.T.Khapekar