-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A..NO. 9472/2007 WITH M.C.A.ST.NO. 18926/2007 Meema Bante .vrs. Damodhar Bante ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : MARCH 21, 2009. Heard Shri V.R. Chaudhary, learned counsel for applicants. Prayer is to condone delay of 249 days in filing application for restoration in First Appeal No. 288/1995, which came to be dismissed on 23.01.2007. No body has appeared for respondents though they are served. Learned Counsel informs that paper book was ready to be filed by 24.1.2007, but it was filed on 29.01.2007. At that time on account of mistake in calculation of period, it was not noticed that paper book was filed belatedly. As the paper book was filed belatedly the First Appeal was dismissed and dismissal did not come to the knowledge of the appellant for quite some time, as they were under impression that the paper book is -2- already filed and order is complied with. It is mentioned that in the month of July, 2007 the clerk of counsel learnt in the Registry that First Appeal is dismissed and therefore, application has been filed. In the circumstances, I do not find any malafides. Paper book was already filed and appeal is admitted way back in 1995, hence delay is condoned. Office to register the M.C.A. and upon registration, order dt. 24.1.2007 dismissing the appeal shall stand recalled and First Appeal No. 288/1995 shall be restored back. Paper books are already filed hence, Office to proceed further. C.A. and M.C.A. is accordingly allowed. JUDGE Rgd.