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Bombay High CourtIA/1598/2022disposed off

Maharashtra Industrial Development Corporation Ratnagiri v. Subhash Pandurang Gholekar And ORS.

2022-03-17Hon'Ble Smt. Justice Bharati Dangre2 pages

JAYARAJAN ANJAKULATH NAIR Date: 2022.03.21 18:08:55 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 35 IA-1598.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1598 OF 2022 IN FIRST APPEAL NO.673 OF 2019 Maharashtra Industrial Development Corporation, Ratnagiri.

] ] ... Applicant Vs.

Subhash Pandurang Gholekar & Ors.

] ... Respondents ...

Mr. Kunal Damle with Mr. Ashish Gabhale i/b Jay & Co. for the appellant.

Ms. Tanaya Goswami, A.G.P. for the State.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 17TH MARCH, 2022.

P.C. :- 1.

Heard the learned counsel for the appellant and the learned A.G.P. for the State.

2.

The appeal of the appellant was admitted on 26/06/2019 AJN

2/2 35 IA-1598.22.odt with a direction to file private paper-book, failing which the appeal was directed to be dismissed without further reference to the court. 3.

On failure to abide by the aforesaid order, the appeal stood dismissed on 26/06/2020.

4.

By the present application, the appeal is sought to be restored by projecting the ground that since the pandemic has grappled the nation, the private paper-book could not be filed. The aforesaid justification is contained in paragraph Nos.4 to 8 of the application.

5.

The aforesaid reasons justify restoration of the appeal, which is dismissed for not filing the private paper book, within time. Subject to the stipulation that the private paper-book shall be filed within eight weeks from today, the application is allowed and the appeal stands restored to its original file.

[SMT. BHARATI DANGRE, J.] AJN