1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.O. NO. 76 OF 2009 IN MCA NO. 1053/2007 IN REJ. F.A. NO. 448/2007 (Ex. Engineer, Minor Irrigation Division No.2, Akola vs. Mahadeo Govinda Wakade & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 28, 2009. Heard Shri Patil, learned counsel for the appellant/ applicant. The prayer is to permit VIDC to be added as party appellant instead of Executive Engineer. As the amendment sought for is formal, the same is allowed. The necessary amendment be carried out forthwith. MCA NO. 1053 OF 2007 The prayer is to restore First Appeal No. 40 of 2007 which was dismissed for not paying court fee on 19.6.2007. Shri Paliwal, learned counsel for respondent No.1 strongly opposes the prayer for restoration. However, there was some confusion about 2 the payment of court fee by VIDC as VIDC was claiming that being government instrumentality, it was exempt from said provision. In the circumstances, the impugned order dated 19.6.2008 is hereby recalled and First Appeal Stamp No. 6064 of 2007 is restored back to file. The necessary Court fee be paid by 11.2.2009. JUDGE *GS.