The court allowed aMisc. C.A. to restore a filed appeal against an order dismissing it due to a bouncing cheque. The appeal was restored as the cheque amount was subsequently paid.
Civil Application allowed; the underlying appeal restored to file.
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24042015mcano.346.2015 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Misc. C.A.No. 346 of 2015 in F.A.No. 333 of 2012
Shri Sanjay Madhusudan Bapat vs. Sau. Snehal Sanjay Bapat
Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court’s or Judge’s Orders.
Mr. U.M. Aurangabadkar, Adv. for the applicant. Ms S.N.Deshpande, Adv. for the non-applicant.
CORAM : SMT. VASANTI A. NAIK & A.M.BADAR, JJ
DATE : 24.4.2015
This Court had, by an order dated 15.9.2014, dismissed the appeal as the cheque issued by the applicant to the nonapplicant towards the arrears of maintenance had bounced. It is stated on behalf of the non-applicant that the amount mentioned in the cheque is now paid to the non applicant.
In view of the aforesaid, we allow this civil application and restore the appeal to file. Civil Application stands disposed of accordingly.
JUDGE JUDGE
24042015mcano.346.2015 2
2 issues framed by the court
Whether the civil appeal should be restored to file after the cheque issued by the applicant in favour of the respondent for maintenance arrears was paid.
Whether a subsequent payment of the cheque amount resurrects the dismissed appeal.
1 provisions across 1 enactments
Shri Sanjay Madhusudan Bapat
Sau. Snehal Sanjay Bapat
Vasanti A. Naik
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
