Allowed

V.I.D.C. through Its Executive Engineer, Lower Wardha Project Division, Wardha v. Ramrao S/O Shyamrao Burghate, and 2 Others

Bombay HC21 Jun 2023CAO/257/2022

Case brief

AI extract

What is this about?

The single judge condoned the delay in filing a restoration application by an appellant against a respondent. The High Court quashed a Registrar's conditional order granting time for a private paper book. The First Appeal is to be restored on its original number subject to payment of costs.

What did the court decide?

Application allowed; costs of Rs. 3,000 directed; Registrar order quashed; First Appeal restored on original number subject to cost deposit.

V.I.D.C. through Its Executive Engineer, Lower… — Civil Procedure and Limitation | Bombay HC (2023)

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18-CAO 257-22 in MCAst-1346-21 in FAst__.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (CAO) NO. 257 OF 20 22

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MISC. CIVIL APPLICATION (ST.) NO. 1346 OF 20 21 IN

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FIRST APPEAL NO. 757 OF 2015

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V.I.D.C. THR. ITS EXECUTIVE ENGINEER, LOWER WARDHA PROJECT DIVISION, WARDHA

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...VERSUS…

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RAMRAO S/O. SHYAMRAO BURGHATE, AND ORS.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Shri S.K.Bhoyar, Advocate for applicant/appellant. Shri M.A.Kadu, AGP for respondent nos. 2 and 3.

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CORAM : SMT. M. S. JAWALKAR,J.

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DATE : 21st JUNE, 2023

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The present application is filed by the appellant/applicant for condonation of delay in filing the application for restoration of First Appeal.

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The appeal was admitted and six weeks’ time was granted to file private paper book vide conditional order dated 29/01/2019, however, same could not be filed as some time was consumed in printing of paper book. Though I am inclined to allow the application, however, as no due diligence is shown by the learned counsel, it is subject to costs. Accordingly, the application is allowed.

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Delay in filing restoration application is hereby condoned, subject to costs of Rs. 3,000/- to be paid within two weeks with the Library of High Court Bar Association, Nagpur.

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18-CAO 257-22 in MCAst-1346-21 in FAst__.odt

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Registry is directed to register the restoration application bearing Misc. Civil Application (St.) No. 1346 of 2021.

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Accordingly, the application stands disposed of.

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MISC. CIVIL APPLICATION (ST.) NO. 1346 OF 20 21

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For the reasons stated in the application, application is allowed. The conditional order dated 29/01/2019 passed by Registrar (J) is hereby quashed and set aside.

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Registry is directed to restore the First Appeal on its original number after deposit of costs as directed in above CAO No. 257/2022.

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Accordingly, the application stands disposed of.

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FIRST APPEAL NO. 757 OF 2015

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After restoration of First Appeal on its original number, learned counsel for the appellant to file paper book within two weeks.

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Registry is directed to accept the paper book which is already prepared in old file.

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(Smt. M.S. Jawalkar, J.)

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B.T.Khapekar

V.I.D.C. through Its Executive Engineer, Lower Wardha Project Division, Wardha v. Ramrao S/O Shyamrao Burghate, and 2 Others

Case brief

What is this about?

What did the court decide?

V.I.D.C. through Its Executive Engineer, Lower Wardha Project Division, Wardha v. Ramrao S/O Shyamrao Burghate, and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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