-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. 6420/2008 WITH 6421, 6422, 6423 OF 2008 IN M.C.A.ST.NO.13265/2008 Kaniram Dhansingh Chavan . .vrs. The State of Maharashtra ----------------------------------------------------------------------------------------------------------------------------------- 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 24, 2009. Heard Shri S.C. Mehadia, Advocate for applicant and learned A.G.P. for State of Maharashtra. Learned A.G.P. states that he is still awaiting instructions and wants some more time, however, as time was already given on 5.9.2008, the said request is rejected. Advocate Shri Mehadia, informs that the original appellant Kaniram was looking after the court case and he was bed ridden since September, 2005. He expired on 26.12.2007 and his legal heirs [present applicants] were then searching record for mutating their names. While searching the records, they came across letter sent by Advocate Mehadia for filing private paper book and learnt about court case. They -2- they approached the Advocate and all these applications are filed. Learned A.G.P. has contended that when the deceased was bed ridden since September 2005 and had 4 adult sons, story put forth cannot be accepted. He contends that the reason given are incorrect and application is liable to be rejected. He further points out that if such huge delay of 565 days is condoned, loss is caused to public revenue because government is required to pay interest @ 15%. After hearing, I am satisfied that there are no malafides on the part of the applicants. Immediately after getting knowledge of court proceeding through letter of Advocate they have approached Advocate Mehadia and filed these applications. The appeal was already admitted in 2004 and came tobe dismissed on 8.1.2007 for non filing of paper book. The statutory Liability of State Government to pay interest cannot be a reason to deny restoration. If ultimately at the stage of final adjudication equities are required to be adjusted, this period of 565 days can be taken into account at that stage. As I do not find any malafides, all the applications are allowed. The applicants mentioned in C.A. Nos. 6421, 6422 and 6423 of 2008 are allowed to be brought on record as legal heirs of deceased -3- appellant. The order dt. 8.1.2007 is hereby recalled and First Appeal No. 731/2004 is restored back to file. However, the same is subject to cost of Rs. 1000/- to State Government by 26.03.2009. Paper book be also filed in the meanwhile. C.As. and M.C.A. is accordingly allowed. JUDGE Rgd.