0502cao519.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAO NO. 519/2009 IN MCA ST. NO. 16059/08 IN MCA NO. 134/03 IN SECOND APPEAL NO. 125 OF 1992 (Barku Dago Ukey through Lrs. Dharamdas Barku Ukey & 6 others Vs. Smt. Poonabai Daulat Rahekwar 9 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order C ORAM : F. M. REIS, J. DATED : 05th February, 2010. 1. Heard Mr. N. K. Ambilwade, learned Counsel for the applicants/appellants. None for the respondents through served. 2. This is an application for condonation of delay of 3 years 15 days in filing the application for restoration of M. C. A. No. 134 of 2003 in filing the application for restoration of second appeal No. 125 of 1992, which was dismissed in default. 3. It is case of the applicant that inadvertently the learned Counsel appearing for the applicant had not noticed that the said matter was on Board and only after the applicant contacted the Counsel to ascertain about the pendency of the second appeal, he came to know that the said M. C. A. came to be dismissed and immediately thereafter steps were taken to file the present application. The respondents though served, failed to remain present nor filed any reply opposing the said application, the submissions made by the applicant, as such, 0502cao519.09.odt 2/2 stands uncontroverted. In the facts and circumstances of the case, the delay of 3 years 15 days in filing the application for restoration is condoned subject to payment of costs of Rs. 500/- (rupees five hundred only) with the Legal Services Sub Committee, High Court, Nagpur. 4. The application stands disposed of accordingly. M.C.A. ST. NO. 16059/08 : 5. This is an application for restoration of M. C. A. No. 134 of 2003. By order passed in CAO No. 519 of 2009 delay in filing the said application has been condoned. In view of the facts stated in the said application, the application for restoration is granted. M. C. A. No. 134 of 2003 is restored to file. 6. M. C. A. is disposed of accordingly. 7. Place M. C. A. No. 134 of 2003 on 22/02/2010. JUDGE wwl