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2024 Supreme(Online)(NGT) 3102

NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
Dinesh Kumar Singh, Judicial Member, Vijay Kulkarni, Expert Member
Suhas Rao Rane – Appellant
Versus
MoEF&CC – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Pooja Ghosh
For the Respondents: Mr. Rahul Garg, Mr. Aniruddha Kulkarni, Mr. Sanjay Upadhyay, Mr. Saumitra Jaiswal, Ms. Tripti Sharma, Mr. Utkarsh Trivedi, Mr. Rahul Kothari, Ms. Tanvi Goenka

Table of Content
1. application for condonation of delay in appeal restoration due to non-communication and personal issues. (Para 1 , 2 , 6)
2. respondents oppose on grounds of serial litigation, time-bar, and lack of sufficient cause. (Para 3 , 4 , 5 , 7 , 8)

ORDER

1. This Interlocutory Application (IA) 243/2023 has been filed by the Applicant/Appellant seeking condonation of delay of 150 days in moving Miscellaneous Application (MA) No. 16/2023 which seeks restoration of the Appeal No. 24/2023 by setting aside the order dated 13.07.2023, whereby Appeal No. 24/2023 was dismissed for default.

2. In the body of that Application, it is submitted that the Applicant was not duly informed of the date of hearing nor did he have any other means to know about the date of hearing for admission of the Appeal. The appellant was solely dependent upon his counsel engaged at that time. The Appellant/Applicant was not able to keep track of the cause list as he was occupied with his personal responsibilities. The Appellant/Applicant came to know about the dismissal of the earlier Appeal at a much later date as the same was not communicated to him. Upon gaining knowledge of the dismissal, he approached

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