Bombay High Court
General Manager, Central Railway, ... vs Harnarayan S/O Punamchandji Laddha And ... on 13 August, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:9022
1 2=CAO 597-24 in MCAst 9602-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAO) NO. 597 OF 2024
IN
MISC. CIVIL APPLICATION (ST.) NO. 9602 OF 2024
IN
FIRST APPEAL NO. 1275 OF 2013 (D)
GENERAL MANAGER, CENTRAL RAILWAY, THROUGH DY. CHIEF ENGINEER, NAGPUR
-Vs. -
HARNARAYAN S/O. PUNAMCHANDJI LADDHA AND OTHERS
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri N.P.Lambat, Advocate for applicant/appellant.
Shri J.J.Chandurkar, Advocate for LRs. of respondent no. 1/Cross-objector.
CORAM : SANJAY A. DESHMUKH, J.
DATED : 13/08/2024
1. This is an application for condonation of delay of
769 days caused for filing the application for restoration of
appeal.
2. The learned Advocate for the appellant pointed out
that the paper book was not filed, therefore, the appeal was
dismissed. He further submits that this matter has been
covered as per the judgment passed by this Court in First
Appeal No. 27/2021 dated 18/04/2024. Therefore, filing of
paper book can be dispensed with.
3. Considering the above facts and the reasons stated in
the application, delay in filing application for restoration of
appeal deserves to be allowed in the interest of justice. As
2 2=CAO 597-24 in MCAst 9602-24.odt
such, the Application is allowed. Delay in filing application
for restoration of appeal is condoned.
4. Accordingly, the application stands disposed of.
MISC. CIVIL APPLICATION (ST.) NO. 9602 OF 2024
1. This is an application for restoration of appeal which
was dismissed for non-filing of paper book as per the
direction of the Court.
2. Perused the application.
3. Heard learned Advocate for both sides.
4. For the reasons stated in the application, the
application deserves to be allowed in the interest of justice.
As such, the application is allowed.
5. The appeal be restored.
6. Registry to note that filing of paper book is dispensed
with.
7. Accordingly, the application stands disposed of.
CIVIL APPLICATION (CAO) NO. 755 OF 2024 IN
CROSS-OBJECTION (XOB) NO. 22 OF 2014
1. This is an application for condonation of delay of
249 days for bringing the legal heirs of sole cross-objector
on record and for setting aside abatement.
2. Perused the application.
3. Heard learned Advocate for both sides.
3 2=CAO 597-24 in MCAst 9602-24.odt
4. For the reasons stated in the application, the
application deserves to be allowed in the interest of justice.
As such, the application is allowed. Delay in bringing the
legal heirs of sole cross-objector on record is condoned and
abatement is set aside.
5. Accordingly, the application stands disposed of.
CIVIL APPLICATION (CAO) NO. 756 OF 2024 IN
CROSS-OBJECTION (XOB) NO. 22 OF 2014
1. This is an application for bringing the legal heirs of
sole cross-objector on record.
2. Perused the application.
3. Heard learned Advocate for both sides.
4. For the reasons stated in the application, the
application deserves to be allowed in the interest of justice.
As such, the application is allowed. Permission is granted to
bring the legal heirs of sole cross-objector on record.
5. The amendment to be carried out within a period of
one week.
6. Accordingly, the application stands disposed of.
(SANJAY A. DESHMUKH, J.)
B.T. Khapekar
Signed by: Mr. B.T. Khapekar
Designation: PA To Honourable Judge
Date: 14/08/2024 19:13:53
