Pundlik Govindrao Gawande And Others v. The State Of Maharashtra And Others

2024:BHC-NAG:13289 1 22-CAO-1367-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.1367 OF 2024 IN MCA ST. NO. 7929 OF 2024 IN FIRST APPEAL ST. NO. 7336 2022 PUNDLIK GOVINDRAO GAWANDE AND OTHERS 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 N. M. Kolhe, Advocate for applicants/appellants. Ms.Hemlata Dhande, AGP for respondents-State. CORAM: SANJAY A. DESHMUKH, J.

DATE : 03/12/2024.

1.

This is an application for condonation of delay of 516 days caused for filing application for restoration of appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned Advocate for the applicants submits that because of his mistake, he could not remove the office objections. Law is settled that for the mistake of advocate, parties shall not suffer.

5.

Considering this principal, the application for condonation of delay deserves to be allowed. As the delay is not deliberately caused, application is allowed. Delay of 516 days is condoned, in the interest of justice. 6.

The application is disposed of.

2 22-CAO-1367-24.odt MCA ST. NO. 7929 OF 2024 7.

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

8.

Learned advocate for the applicants submits that because of his mistake, the office objections are not removed.

9.

Considering the reasons stated in the application, application deserves to be allowed. 10.

Application is allowed subject to condition that the applicants shall remove the office objections within a week.

11.

If the office objections are not removed within a week, the application shall be deemed to be dismissed. 12.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 06/12/2024 15:08:10