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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAO) NO. 783 OF 2018

IN

MISC. CIVIL APPLICATIN ST. NO. 4048 OF 2018

IN

FIRST APPEAL NO. 1077 OF 2008

VITHABAI Wd/o NATTHU AHIRKAR

VERSUS

DINESHKUMAR NABILAL THAKRE AND ANOTHER

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Office Notes, Office Memoranda of

Court's or Judge's Order

Coram, appearances, Court's Orders

or directions and Registrar's order

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Mr. D. M. Khanait, Advocate h/f Mr. P. P. Pendke, Advocate for the applicant.

CORAM : M. S. KARNIK, J.

DATE :

JULY 12

, 201

8 .

Heard the learned counsel for the applicant.

This is an application for condonation of delay of

2873 days in filing this application for restoration of of the

appeal which was dismissed for non-removal of the office

objections including payment of deficit Court Fees.

There is substantial delay in filing the application

for restoration of the appeal. In the application it is stated

that the applicant sells vegetables for her daily survival.

The applicant is about 56 years of age and her husband is

also no more. She is dependent on her relatives for

medical expenses and for her daily bread and butter. The

applicant had some difficulties for arranging the Court

Fees and now she is ready to comply the order of this

Court regarding the Court Fees.

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In view of above and for the reasons mentioned in

paragraphs 4 and 5 of the application in the interest of

justice, in my opinion as this appeal has been filed by the

claimant, who was involved in the accident and suffered

permanent disability, it is necessary to give one

opportunity to her to remove all the office objections and

contest the appeal.

The civil application is accordingly allowed. Delay

of 2873 days caused in filing application for restoration of

the appeal is condoned. The application is disposed of

with no order as to costs.

Misc. Civil Application St. No. 4048 of 2018

Heard the learned counsel for the applicant.

This is an application for restoration of the appeal

which was dismissed for non-removal of the office

objections including payment of deficit Court Fees.

The learned counsel for the applicant submits that

the applicant is willing to pay the deficit Court Fees within

a period of four weeks from today. He further submits

that all the office objections would also be removed within

the said period.

In the interest of justice and for the reasons

mentioned in the application, I am inclined to allow the

application and restore the appeal in order to grant one

opportunity to the applicant to contest the appeal.

The order passed by Registrar (Judicial) on

30.3.2010 refusing registration of the appeal is set aside

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and the first appeal is restored to file subject to the

appellant paying deficit Court Fees within a period of four

weeks from today and also removing all the office

objections within the said period.

The misc. civil application is allowed and disposed

of with no order as to costs.

JUDGE

Diwale