1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26. CA/89/2010 IN C.A. NO. 191/2003 IN R.C. NO. 3412/2007 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mrs. M.A. Kulkarni, Advocate for applicant. Shri N.B. Suryawanshi h/f Mr M.Y. Deshmukh, Advocate for respondents No.1 to 3. ........................... [CORAM : K.U. CHANDIWAL, J ] DATE : 17/03/2010 PER COURT : 1 A very sorry state of affairs projected in the matter. The application for condonation of delay was pending. It came to be dismissed on 3rd Sept. 2007. The learned counsel submits, on that day as she did not receive the association board, she could not make 2 herself available to know about listing of matter. She could not come to court on 3rd Sept. 2007. 2 It is informed as could be seen from proceeding, on 12/10/2006, stay was granted thereby matter was adjourned to six weeks. Then there appears delay of two years in filing application as the counsel informs, she could not know about dismissal dated 03/09/2007. All the above grounds, as stated earlier does not sound good reasons, on the part of appellant to prosecute matter diligently. Now, slumber is broken as appellant has been put in civil prison for non-compliance to the award and consequently, application for restoration. 3 The claimants in the original M.A.C.P. need not be directed to wander for fruits. The Bhatta / diet charges are regularly paid to ensure the detention of the appellant in civil prison. Still no efforts to remit amount 3 under challenge in the award. 4 On the concession being rendered by the counsel for respondent, to restore the first appeal to its original position on deposition of Rs. 1,00,000/- (Rs. One lac) by the appellant, the application allowed as order. a) Delay in making the application condoned. b) First appeal be registered, the appellant to deposit Rs.1,00,000/- (Rs. one lac) without prejudice to his right before this court within six weeks. c) Failure to deposit concession granted today for restoration shall automatically stand vacated. [K.U. CHANDIWAL, J ] tsk/ca89.10