A Single Judge of the Bombay High Court allowed a civil application seeking condonation of 74 days of delay and recall of a dismissal order due to non-prosecution. The appeal was restored to the court file upon hearing the applicant who appeared in person.
Civil Application allowed; delay condoned; Second Appeal restored to the Court file.
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Tapadia RR
1/2 CAS/772/2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 772 OF 2013 IN
SECOND APEPAL NO. 980 OF 2012
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. Bhimrao B. Nandurkar, Applicant-inperson.
CORAM: R.G.KETKAR, J. DATE : 18/06/2013
PC:
2/2 CAS/772/2013
statement, the Civil Application is taken up for orders.
(R.G.KETKAR, J.)
3 issues framed by the court
Whether to condone the delay of 74 days in filing the civil application and recall the order dismissing the appeal for want of prosecution.
Whether to reduce the production board matter to a regular hearing or dispose of it summarily.
What directions to issue regarding the restoration of the second appeal to the file of the Court.
Tapadia
Anand S. Patil
R.G. Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
