1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR MCA St. No.14212/2007 in Second Appeal No.493/2004 Maharashtra State Financial Corporation VS. Saraswati wd/o Gopilaji Gandhi =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Ms. Dhote, Advocate for the applicant. Mr. Sohoni, Advocate for the respondent. CORAM : R.M. SAVANT, J. DATED :19th JANUARY, 2011. By the above civil application, the applicant/appellant seeks condonation of delay of 14 months in filing the application for restoration of MCA St. No. 14212/2007. The reasons as to why the delay has taken place are mentioned in the civil application. The learned counsel for the respondent questions the reasons mentioned. In my view, the reasons mentioned deserve acceptance. It is well settled that a party should be allowed to prosecute its remedy as per law and should not be thrown out on technical grounds. Applying the said dictum, the above civil application for condonation of delay is allowed. Resultantly, the delay of 14 months in filing the restoration application stands condoned. 2 Civil Application is accordingly disposed of. Civil Application St. No. 14212/2007 By the above civil application, the applicant/appellant seeks restoration of the Second Appeal which has been dismissed for non- prosecution on 27.4.2006 on the ground that the the learned counsel for the appellant did not put up his appearance on the said day. The reasons are mentioned in the civil application. Civil Application is therefore allowed. Resultantly, Second Appeal being No. 493/2004 is restored to file. Learned counsel for the respondent waives notice of the Second Appeal Place the Second Appeal for admission in the week commencing from 7th February, 2011. JUDGE Ambulkar