0302cao139.10.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAO NO. 139/2010 & MCA ST. NO. 1322/10 IN C.A. ST. NO. 1323/10 IN FIRST APPEAL NO. 58 OF 2002 (Dr. Purushottam Bhaiyalal Hadge Vs. Zilla Parishad, Bhandara & 2 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order C ORAM : F. M. REIS, J. DATED : 03rd February, 2010. Heard Mr. Madkholkar, learned Counsel for the applicant and Mr. T. R. Kankale, learned A. G. P. for respondent No.3. This is an application for condonation of delay of 12 days in filing the application for restoration of the first appeal which dismissed for default on 09/12/2009. The ground for delay is that the learned Counsel appearing for the appellant had committed mistake with regard to listing of the said appeal. No reply has been filed opposing the application. Learned A. G. P. for respondent No. 3 opposed the grant of condonation of delay. In view of the fact and circumstances of the 0302cao139.10.odt 2/2 case and considering that there is no mala fide attributed to the appellant, the delay in filing the restoration application is condoned. Application is disposed of accordingly. M.C.A. ST. NO. 1322/10 : This is an application for restoration of the first appeal which has been dismissed for default in view of the absence of the Counsel for the appellant. The application for condonation of delay has been granted whilst disposing of civil application No. 139 of 2010. In the circumstance, first appeal No. 58 of 2002 is restored to file. M.C.A. stands disposed of accordingly. JUDGE wwl