Shantabai Vitthalrao Awagan v. The State Of Maharashtra And Others

1 42-CAO-1298-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.1298 OF 2025 IN MISC. CIVIL APPLICATION (ST.) NO.26337 OF 2025 IN FIRST APPEAL NO.149 OF 2024 (D) Shantabai Vitthalrao Awagan Vs. State of Maharashtra and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.J. Shinde, Advocate for the Applicant/Appellant. Mr. M.A. Kadu, AGP for the Respondent/State.

CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 06 th JANUARY, 1.

This is an application for condonation of delay in filing an application for restoration of first appeal, which was dismissed for failure to file private paper book as directed by an Order dated 04.01.2024.

2.

Learned counsel for the applicant/appellant submits that the appellant was not aware about the conditional order passed by this Court and therefore, the paper book was not filed within time granted. 3.

It is submitted that now the paper book is ready and can be filed, so that the appeal can be contested on merits. He submits that the delay of 497 days is unintentional and same be condoned.

4.

Having regard to the contents of the application and submissions advanced, the delay of 497 days is condoned subject to cost of Rs.3,000/- (Rupees Three

2 42-CAO-1298-2025.odt Thousand Only), to be paid to the High Court Bar Association Library, Nagpur, within a period of two weeks' from today.

5.

In view of above, the civil application is allowed and disposed of.

MCA (ST.) NO.26337 OF 2025 IN FIRST APPEAL NO.149 OF 2024 (D) 6.

This is an application for restoration of first appeal, which was dismissed for failure to file private paper book within time, as was directed by an Order dated 04.01.2024.

7.

The applicant/appellant submits that the private paper book can be filed within a period of one week from today, so that the appeal is heard on merits. 8.

Having regard to the contents of the application and submissions advanced, the civil application is allowed and disposed of. The appeal stands restored. The applicant/appellant is directed to file private paper book within a period of one week from today.

(PRAFULLA S. KHUBALKAR, J . ) Privel