Govindrao S/O Mahadeorao Thawali vs Dinesh S/O Lalanji Gupta
2021 Latest Caselaw 17981 Bom

                                                        1                           40.WP.5451-2019.odt




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

                            WRIT PETITION NO. 5451 OF 2019
                           ( Govindrao s/o Mahadeorao Thawali
                                           Vs.
                                Dinesh s/o Lalanji Gupta )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. P.R. Agrawal, Advocate for the Petitioner.
                                  Mr. A.W. Paunikar, Advocate for the Respondent.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 23rd DECEMBER, 2021.

Heard Mr. Agrawal, learned counsel for the petitioner and Mr. Paunikar, learned counsel for the respondent.

2. The petition challenges the judgment dated 19.03.2019 passed by the learned District Judge-4, Amravati, whereby the application for condonation of delay of 304 days, in filing an application for restoration of appeal which was dismissed in default on 01.04.2017, has been rejected, on the ground, that the petitioner was not interested to prosecute the matter on account of consistent absence. Mr. Agrawal, learned counsel for the petitioner submits, that there was no intention to let the matter proceed in the absence and get it dismissed in default. He submits, that an opportunity be granted to the petitioner, to contest the matter on merits and the 2 40.WP.5451-2019.odt

petitioner undertakes to prosecute the same diligently without seeking any adjournment. Though, Mr. Paunikar, learned counsel for the respondent, opposes the same, however considering that the proceedings are required to be decided on merits and not on default, the impugned judgment is hereby quashed and set-aside.

3. The application for condonation of delay is hereby allowed, subject to the costs of Rs. 25,000/- (Rs. Twenty Five Thousand Only), as condition precedent payable by the petitioner to the respondent within a period of 15 days from today or depositing the same before the Appellate Court. The Appellate Court, shall hear and decide the MCA No. 119/2012, within a period of 60 days from 03.01.2022, on which date, the parties shall remain present before the learned Appellate Court.

4. The petition is allowed in the above terms.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:23.12.2021 18:37