1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 5794 OF 2007 & MCA ST. NO. 13107/2007 IN FA NO. 667/1994 (Ananta Laxman Dudhe vs. State of Maharashtra & 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. MARCH 20, 2009. Heard. The prayer is to condone delay of 5 months and 18 days in filing MCA St. No. 13107 of 2007 for restoration of First Appeal No.667 of 1994. The said appeal has been dismissed in default on 13.1.2007. The reason given is the ill-health of the counsel representing the appellant. The applications are supported by affidavit of said advocate. In view of this, though initially Shri Yengal, learned AGP was opposing the prayer for condonation of delay, however, later on he has stated that the Court may pass appropriate orders on merits. In the circumstances, considering the illness pointed out in the affidavit, both the applications are allowed. Delay of five months and 18 days is condoned. The office to register MCA No. 2 13107 of 2007. Upon registration, the said MCA also stands allowed. The order dismissing First Appeal No. 667 of 1994 on 23.1.2007 is hereby recalled. The office to register First Appeal and list it for further hearing. Shri Yengal, learned AGP waives notice for the respondents on merits of the appeal. JUDGE *GS.