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2021 Supreme(Bom) 1302
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
State Of Goa - Appellant
Versus
Communidade Of Bhati @ Astragar - Respondent
Miscellaneous Civil Application No. 448, 449 of 2021/(Filing No. ) In First Appeal No. 93Of 2017
Decided On : 04-10-2021
Important Points
Subject
Civil Law - Appeals and Restoration
Headnote
Delay Condonation - Restoration of Appeal - The court allowed the restoration of the appeal and condoned the delay in moving the application for restoration due to non-payment of process fees.
Fact of the Case:
The applications sought restoration of the First Appeal and condonation of delay in moving the application for restoration.
Finding of the Court:
The court allowed the restoration of the appeal and condoned the delay, directing the applicant to pay process fees within a week.
Issues:
Ratio Decidendi: The court's decision was influenced by the reasons stated in the applications and the non-payment of process fees.
Final Decision: The delay was condoned, the appeal was restored, and the applicant was directed to pay process fees within a week.
Pravin Faldessai, Advocate
JUDGMENT
Manish Pitale, J. - These are applications seeking restoration of the First Appeal No. 93 of 2017 and for condonation of delay in moving the application for restoration.
2. The record shows that this Court had condoned the delay in filing the appeal and, thereafter, on 1/8/2017, the appeal was admitted and hearing was expedited.
3. It appears that due to non payment of the process fees the appeal itself stood dismissed in view of the order dated 7/1/2019 passed by this Court.
4. For the reasons stated in the applications, the same are allowed. Consequently, the delay is condoned and the appeal is restored. The applicant shall now pay process fee within a period of one week from today.
5. On payment of process fees, issue notice to the respondents.
