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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAO) NO. 1197 OF 2018

IN

MISC. CIVIL APPLICATIN ST. NO. 14919 OF 2018

IN

FIRST APPEAL NO. 158 OF 2013

ORIENTAL INSURANCE CO. LTD., AMRAVATI

VERSUS

AHEMAD ALI @ SAHEB ALI FAYYAZ ALI AND OTHERS

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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. N. Kukday, Advocate for the appellant/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

276 days in filing this application for restoration of the

first appeal.

The learned counsel for the applicant points out

that at no stage of the proceedings of the appeal, the

respondents have appeared.

In this view of the matter and for the reasons

mentioned in the application, the delay of 276 days

caused in filing the restoration application is condoned.

The civil application is allowed and disposed of

with no order as to costs.

Misc. Civil Application St. No. 14919 of 2018

Heard the learned counsel for the applicant.

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This is an application for setting aside the order

dated 06.9.2017 passed by the Registrar (Judicial) in

terms of the order dated 13.6.2017 passed by this Court

and for restoration of the first appeal.

The learned counsel for the applicant submits that

the appeal came to be dismissed as the appellant failed to

file the private paper book within the time granted by this

Court. The learned counsel tenders his apology for not

filing the paper book within time. He submits that in fact

the paper book is now ready with him and he can file the

same forthwith and/or within such time as may be

granted by this Court.

In this view of the matter and for the reasons

mentioned in the application, the order dated 06.9.2017

passed by the Registrar (Judicial) is set aside. The First

Appeal is restored to file subject to the appellant filing the

private paper book within a period of two weeks from

today.

The misc. civil application is allowed and disposed

of with no order as to costs.

JUDGE

Diwale