1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR M.C.A. No.216/2010 in First Appeal No.63/2005 ( M.I.D.C. ..V/s.. Smt. Kawdabai Shiwankar & others ) ------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------ Mr. Agnihotri, counsel for the applicant. Mr. Abhay Sambre, counsel for the respondent no.1. Mr. Kankale, A.G.P. for respondent nos.2 and 3. Coram : F.M.REIS, J. Dated : 5th March 2010. Heard the learned counsel for the applicant, the learned counsel for the respondent no.1 and the learned A.G.P. forrespondent nos.2 and 3. This is an application for restoration of the First Appeal No.63/2005 which was dismissed for non-filing of the private paper book by the appellant. It is the contention of the applicant that the above appeal came to be dismissed on 10/1/2007 in view of the conditional order passed by this Court on 15/11/2006 to file such 2 paper book. It is further the contention of the applicant that the private paper book was filed on 19/1/2007. It is further contended that the applicant was not aware about the dismissal of the above appeal on account of non-filing of the private paper book. It was only when the respondents have filed an application for withdrawal of amount on 18/2/2010 that the applicant learnt about the dismissal of the above appeal for not filing the private paper book. Immediately thereafter the present application has been filed. The learned counsel for the respondent no.1 has vehemently opposed the said application. It is her contention that the applicant was well aware of the dismissal of the above appeal and failed to take any steps for restoring the said appeal. It is fuhrer her contention that the appellant was negligent in filing the said application. Having heard the learned counsel for the parties, on perusal of the record and considering that the private paper book was filed, it cannot be said that there was any negligence on the part of the applicant in pursuing the appeal. Mere inadvertence on the part of the applicant cannot be considered to be a grave negligence to dis-entitle the applicant to pursue the above 3 appeal. In the facts and circumstances of the case, the First Appeal No.63/2005 is restored. The application stands disposed of accordingly. C.A.384/2010. Heard the learned counsel for the applicant and the respondent. This is an application for withdrawal of the amount deposited by the appellant in the above appeal. It is the contention of the respondent no.1 that in view of the acquisition of the land by the appellant, the respondents have become landless and consequently, they have been deprived of their income to sustain their livelihood. As such they prayed that they should be allowed to withdraw the said amount. The learned counsel for the applicant vehemently opposed the said application and submitted that the award passed by the Land Acquisition Officer is very much on higher side considering the amount granted. In the facts and circumstances of the case and in the interest of justice, the respondent no.1 is permitted to withdraw 50 % of the amount, deposited by the appellant, along with accrued interest thereon, if any, subject to furnishing an undertaking that in case any adverse order is passed against the respondent in the present 4 appeal, the amount shall be returned to the applicant. The remaining amount shall be invested in the fix deposit in any nationalized bank for the period of one year and the same shall be renewed from time to time. Application stands disposed of accordingly. Judge. Tambaskar.