Motichand Jivraj Shah (Dead) Through Lrs. Ashok Motichand Shah v. M.I.D.C., Through Regional Officer, Amravati, Through Its Chief Executive Officer And Other

cao877.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.877 OF 2024 IN MISC. CIVIL APPLICATION ST. No.5351 OF 2024 IN CROSS OBJECTION ST. No.16965 OF 2023 IN FIRST APPEAL No.457 OF 2019 (D) (Motichand Jivraj Shah (dead), through LRs. Ashok Motichand Shah Vs. The Maharashtra Industrial Development Corporation, through Regional Officer, Amravati and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.J. Shinde, Advocate for cross-objector. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 26 th JULY, 2024.

1.

Issue notice to the respondents.

2.

Ms. D.I. Charlewar, learned A.G.P. waives service of notice on behalf of respondent Nos.1 and 2. 3.

This is an application for condonation of delay in filing restoration application for non-compliance of the office objections.

4.

Perused the application.

5.

Heard learned Advocates for both sides.

6.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed.

7.

The delay of 73 days in filing restoration application is condoned.

cao877.24.odt 2/3 8.

The application is disposed of.

MISC. CIVIL APPLICATION ST. No.5351 OF 2024.

1.

This is an application for restoration of the cross-objection.

2.

Issue notice to the respondents.

3.

Ms. D.I. Charlewar, learned A.G.P. waives service of notice on behalf of respondent Nos.1 and 2. 4.

Perused the application.

5.

Heard learned Advocates for both sides.

6.

Learned A.G.P. for the respondent Nos.1 and 2 has strongly objected the application.

7.

For the reasons stated in the application, the application is allowed in the interest of justice with condition that the appellant shall remove office objections within two weeks.

8.

After the office objections are moved the appeal be registered.

CIVIL APPLICATION ST. No.16966/2023 IN CROSS OBJECTION ST. No.16965 OF 2023.

1.

This is an application for depositing the deficit Court fee.

2.

Learned Advocate Mr. R.J. Shinde, for the applicant submits that Court fee is already deposited. 3.

Statement accepted.

4.

The application has rendered infructuous and disposed of as such.

(SANJAY A. DESHMUKH, J.)

cao877.24.odt 3/3 Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 30/07/2024 10:58:05