Ashru Kisan Kokate v. Executive Engineer, Minor Irrigation Project, Washim And Others

2024:BHC-NAG:9663 1 25-CAO-1018-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1018 OF 2024 IN MCA ST. NO. 15941 OF 2024 IN FIRST APPEAL ST. NO.6685 OF 2023 (D) ASHRU KISAN KOKATE Vrs.

EXECUTIVE ENGINEER, MINOR IRRIGATION PROJECT, WASHIM AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. B. Darekar, Advocate for applicant/appellant. Shri M. A. Kadu, Advocate for respondent No.1. Ms. Deepa Charlewar, AGP for respondent No.2-State. CORAM: SANJAY A. DESHMUKH, J.

DATE : 27/08/2024.

1.

Issue notice to the respondents.

2.

Shri M. A. Kadu, learned counsel waives service of notice for respondent No.1.

3.

Ms. Deepa Charlewar, learned AGP waives service of notice for respondent No.2.

4.

This is an application for condonation of delay of 364 days caused for preferring the application for restoration of first appeal which was dismissed for nonremoval of office objections. 5.

Perused the application.

6.

Heard learned advocates for both sides.

7.

Learned advocates for the respondents have strongly objected the application.

2 25-CAO-1018-24.odt 8.

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

9.

Application is allowed and disposed of.

MCA ST. NO. 15941 OF 2024 10.

This is an application for restoration of first appeal which was dismissed for non-removal of office objections.

11.

Learned advocate for the applicant submits that he will remove the office objections within two weeks.

12.

If the office objections are not removed within two weeks, this application shall be deemed to be dismissed without further order.

13.

Heard learned advocates for both sides.

14.

Learned advocates for the respondents have strongly objected the application.

15.

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

16.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/08/2024 16:43:11