1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A. NO. 3420/08 (In M.C. A. St. No.970 OF 2001) M.S. Power Generation Co. Ltd. (M.S.E.B.) v. Hiraman s/o Ragho Upare & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. G.E. Moharir advocate for the Appellant/applicant. Ms. Kirti Satpute Advocate for Res. no.1. .... CORAM: A.B.CHAUDHARI, J. DATED : 11 th JUNE, 2009. This is an application for condonation of delay in filing application for restoration of First Appeal No. 387/01 which was dismissed for not filing private paper book within stipulated time. 2. Ms.Satpute, learned counsel for respondent no.1, vehemently opposed this application on the ground that the delay of 853 days has not been properly explained by the responsible public authority. 2 3. I have gone through the application. Having heard learned counsel for rival parties, I find that the First Appeal was dismissed for not filing private paper book within stipulated time. Appeal was admitted for final hearing. Unless adjudication is made on merits in the first appeal, which is as a matter of right, interest of justice would not be sub-served. Filing of private paper book is ultimately for final decision of appeal by the Court and the appeal being of the year 2001 this Court could not have heard it early due to long pendency. Therefore, there is no reason for punishing the parties for not filing the private paper book, if this Court were not in a position to take up the appeal for final hearing. Hence, delay is condoned in terms of its prayer clause. C.A. disposed of. 4. MCA St.No.970/08 This is an application for restoration of appeal that was dismissed for not filing private paper book within stipulated time. In view of the fact that the delay has been condoned and Mr.Moharir makes a statement that the private paper-book is ready and can be filed immediately, I am inclined to allow 3 this application and restore the appeal. Hence, this application is allowed. First Appeal No. 387/01 is restored to file. Private paper-book be filed within four weeks from today. Registry to proceed accordingly. Mr.Moharir to circulate the application for bringing the L.Rs. on record. JUDGE /TA/