1802cao930.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAO NO. 930/2009 IN M.C.A. ST. NO. 13106/09 AND M.C.A. ST. NO. 13106/09 IN FIRST APPEAL NO. 92 OF 2005 (Western Coalfield Ltd. Vs. Krushna Murari Bobade & 3 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. M. Anilkumar, Advocate for the applicant. C ORAM : F. M. REIS, J. DATED : 18th February, 2010. Heard the learned Counsel for the applicant. None for the respondents though served. This is an application for condonation of delay of 925 days in filing the application for restoration of the first appeal. The contention of the applicant is that the earlier Counsel failed to comply with the directions of this Court to supply the private paper book within the time stipulated. It is further his contention that only after the earlier Counsel Mr. Pendse returned the file, the new Counsel was engaged, who found out that the orders were passed dismissing the said appeal for 1802cao930.09.odt 2/2 non prosecution. The fact stated in the application has not been disputed by the respondents by filing any reply or opposing the said application and thus the facts remained uncontroverted. Considering the fact that there are no mala fides attributed to the applicant, the delay of 925 days in filing the application for restoration of the appeal is condoned subject to applicant’s depositing the sum of Rs. 1,500/- (rupees one thousand and five hundred only) with the High Court Legal Services Sub Committee, Nagpur within a period of two weeks. The application is disposed of accordingly. MCA ST. NO. 13106/09 : Issue notice to the respondents returnable on 04/3/2010. JUDGE wwl