Rajendra S/O Narayan Paradhakhe v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2024:BHC-NAG:10478 1 17-CAO-1122-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1122 OF 2024 IN MISC. CIVIL APPLICATION ST. NO. 16667 OF 2024 IN FIRST APPEAL NO. 526 OF 2017 (D) RAJENDRA S/O NARAYAN PARADHAKHE Vrs.

THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri D. A. Sonawane, Advocate for applicant/appellant. Ms. D. I. Charlewar, AGP for respondent Nos.1 and 2. Shri M. A. Kadu, Advocate for respondent No.3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/09/2024.

1.

This is an application for condonation of delay of 1760 days caused for filing the application for restoration of the appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Because of mistake of learned advocate for the applicant, paper book was not filed within time as per the order of this Court dated 13/04/2017.

5.

Learned counsel for the respondents have strongly objected the application.

6.

Considering the reasons stated in the application, it appears that delay is not deliberately caused. Therefore, application deserves to be allowed. 7.

The application is allowed and disposed of.

2 17-CAO-1122-24.odt MCA ST. NO. 16667 OF 2024 8.

This is an application for restoration of appeal.

9.

Perused the application.

10.

Heard learned Advocates for both sides.

11.

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

12.

Application is allowed and disposed of.

FIRST APPEAL NO. 526 OF 2017 13.

Issue notice to the respondents.

14.

Ms. D. I. Charlewar, learned AGP waives service of notice for respondent Nos.1 and 2. 15.

Shri M. A. Kadu, learned Advocate waives service of notice for respondent No.3.

16.

It is clarified that the filing of paper book is dispensed with.

17.

Stand over after two weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/09/2024 18:59:31