1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 6655 OF 2007 IN MCA ST. NO. 13446/2007 IN FA NO. 480/2001 (Municipal Council through CO, Murtizapur vs. MSEB through Supdt. Engineer, Akola) 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 & F.M. REIS, JJ. JULY 24, 2009. Heard Shri Panpalia, learned counsel for the applicant/ appellant and Shri Moharir, learned counsel counsel for the respondent. First Appeal No. 480 of 2001 came to be dismissed on 9th February 2007 as per orders of this Court dated 1.12.2006 for not filing private paper book. The fact of dismissal was learnt belatedly by the learned counsel for the appellant and hence there is a delay of 158 days in moving the restoration application. MCA ST. 13446 OF 2007 is moved for restoration of first appeal. The learned counsel informs that paper book is now ready and can be supplied immediately. Shri Moharir, learned counsel for the respondent/ non-applicant is strongly opposing the prayer for condonation of delay and restoration of appeal. 2 However, in the interest of justice, both the applications are granted. Office to register MCA. The prayer in MCA is also granted. The office to register First Appeal. Paper book be filed by 14th August 2009. JUDGE JUDGE *GS.