V.I.D.C Through Its Executive Engineer, Bembla Project Division, Yavatmal v. Anusaya Suresh Punde And Others

1 67. CAO 1045 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.1045 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.13503 OF 2025 IN FIRST APPEAL (STAMP) NO.18172 OF 2022 V.I.D.C THROUGH ITS EXECUTIVE ENGINEER, BEMBLA PROJECT DIVISION, YAVATMAL

VERSUS

ANUSAYA SURESH PUNDE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. K.V. Chalakh h/f Ms. A.S. Athalye, Advocate for Applicant. Mr. A.B. Nakshane, Advocate for Respondent No.1. Ms. P.T. Joshi, AGP for Respondent Nos.2 & 3-State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 06th FEBRUARY 2026 1.

Heard learned Advocate for the applicant.

2.

This is an application for condonation of delay in filing the application for restoration of first appeal, of which registration was refused for failure to remove the office objections. 3.

In response to the notice, Advocate Mr. A.B. Nakshane, appears for respondent No.1.

4.

Learned Advocate for the applicant submits that the delay of 850 days occurred as the applicant was not aware about the conditional order passed by the Registrar (Judicial) and for failure to remove the office objections, the registration came to be refused. It is submitted that the delay is unintentional and now the applicant is ready to remove the office objections.

5.

Having regard to the contents of the application and submissions advanced, the application is allowed and the delay of 850

2 67. CAO 1045 of 2025.odt days in filing the application for restoration of first appeal is condoned, however, subject to costs of Rs.3,000/- (Rupees Three Thousand Only), to be deposited by the applicant in Public Welfare Account, which is ordered to be opened vide order dated 12.01.2026, passed in SMPIL No.01 of 2021, within a period of two weeks from today.

6.

The civil application is accordingly disposed of. MISC. CIVIL APPLICATION (STAMP) NO.

13503 OF 2025 7.

This is an application for restoration of first appeal, of which registration was refused by order dated 24.01.2023, for non removal of the office objections within stipulated period. 8.

Learned Advocate for the applicant submits that the applicant/appellant desires to contest the appeal on merits and therefore, prays for allowing the present application. 9.

Having regard to the contents of the application and submissions advanced, the application for restoration of first appeal is allowed. The order dated 24.01.2023, passed by the Registrar (Judicial), is quashed and set-aside. The applicant is directed to remove the office objections within a period of one week from today. On removal of the office objections, the first appeal be restored. 10.

In view of the above, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd