V. I. D. Through Executive Engineer, Man Project Division, Khamgaon v. Shaikh S/O Supdu Sk. Kadar And 2 ORS

29.04.CA0.750.19+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (0 ) NO.750/2019 IN M.C.A. (ST) NO.28721/2018 IN F.A. NO. 790/2012 (V.I.D.C. VS. Shaikh Supdu Sk. Kadar and others) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. 1.

Mr. P.B. Patil, Advocate for the applicant /appellant. CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 29th April, 2019.

This is an Application seeking condonation of delay of 632 days in filing the application for restoration of Appeal. Heard. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay is condoned, subject to payment of costs of Rs. 500/- to be deposited with High Court Bar Association Library, Nagpur. Civil Application is allowed and disposed of accordingly.

MCA (ST) NO. 28721/2018 This is an application for restoration of appeal. Learned counsel for the applicant submits that since private paperbook was not filed within the stipulated time, the appeal came to be dismissed. He undertakes to file private paperbook within a period of one week.

In the interest of justice, the following order is

29.04.CA0.750.19+ passed:- The order of dismissal dated 14.3.2017 is set aside. First Appeal No. 790/2012 is restored to file MCA stands disposed of.

Judge Sahare