1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.O. NO.383/2009 IN M.C.A. ST. NO. 5499/2009 IN F.A. NO. 354/2004 (M/s S.P. Enterprises VERSUS Smt. Uma wd/o Dnyaneshwar Bargat & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Adbe h/f Shri U.A. Gosavi, counsel for the applicant. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 21, 2009. Heard the learned counsel for the applicant. None appears on behalf of the non-applicants, though served. The non-applicants have also not filed any reply to this civil application. Hence, the statements of facts made in the civil application remained uncontroverted. Hence, for the reasons stated in the application, the delay of 836 days in filing the restoration application is condoned. The civil application is allowed and disposed of. M.C.A. ST. NO.5499/2009. Heard the learned counsel for the applicant. Perused the contents of the miscellaneous civil application. None appears on behalf of the respondents. For the reasons stated in the miscellaneous civil application, the order dated 17.11.2006 is set aside and the 2 appeal is restored to file subject to the payment of costs of Rupees Five Hundred only, in the High Court Bar Library, Nagpur within a period of three days from today. In case, the amount is paid and the appeal is restored, the appellant should positively file the paper book in this Court within a period of one week thereafter. The miscellaneous civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE