The Single Judge allowed a civil application to restore a First Appeal that had been dismissed for non-compliance of an earlier order following deposit of the decretal amount.
The Civil Application was allowed; the First Appeal was restored to the file of the High Court and delay was condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6 caf 664.11.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.664 OF 2011 IN
FIRST APPEAL NO.799 OF 2010
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. Deval Anja i/b Mr. Uday Warunjikar for the Applicants.
Mr. Sachin Chindorkar for the Respondent.
CORAM : K.K.TATED, J. DATE : 22/08/2012
PC :
1 Heard the learned counsel for the parties.
2 This Civil Application is for restoration of First Appeal which was dismissed for noncompliance of the order dated 9th September, 2010.
3 The learned counsel appearing on behalf of the Applicants states that now they deposited the entire decretal amount as per the order dated 9th September, 2010 before the Commissioner for Workmen's Compensation at Solapur.
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6 caf 664.11.doc
4 The learned counsel appearing on behalf of Respondent – original Claimant has no objection if Civil Application is allowed.
5 Considering the submissions made by the learned counsel for the Applicants and the averments made in the Civil Application, I am satisfied that the Applicants have made out case for allowing this Civil Application. Civil Application is allowed in terms of prayer clause (A):
“A) Be pleased to modify the order dated 10.1.2011 and be pleased to restore the above referred Appeal to the file of this Hon'ble High Court for the reasons mentioned in the memo of this Application and kindly condoned the delay if any.”
6 Civil Application is disposed of accordingly.
(K.K.TATED, J.)
katkam
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1 issue framed by the court
Whether to restore a dismissed First Appeal due to condonation of delay.
Applicants
Respondent - original Claimant
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
