1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.169 of 2011 IN M.C.A. ST. NO.18801/2010 IN F.A. NO.347 OF 1992 Ramkrishna Motiram Pawade and another Versus The State of Maharashtra and another _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri A.K. Choube, Advocate for the applicants/appellants, Shri S.M. Bhagde, A.G.P. for respondent Nos. 1 and 2. CORAM : R.M.SAVANT, J. DATED : 24.02.2011. By the above Civil Application, the applicants/ appellants seek condonation of delay of 434 days in filing the application for restoration of the above First Appeal. The reasons why the delay has occurred, are mentioned in the Civil Application. The learned A.G.P. does not contest the said reasons and fairly submits that the above appeal was tagged along with the Appeal filed by the State and though the Bhatta in fact was paid, the Appeal was dismissed for non-prosecution on account of non-payment of the Bhatta. Considering the said reasons, case for condonation of delay is made out. The Civil Application is, therefore, allowed. Resultantly, the delay of 434 days in filing the application for restoration of the Appeal stands condoned. 2 Civil Application is accordingly disposed of. M.C.A. ST. NO.18801/2010. By the above Civil Application, the applicants/ appellants seek restoration of the First Appeal, which has been dismissed for non-prosecution on account of the conditional order passed by this Court. By an order passed today, the Civil Application for condonation of delay of 434 days in filing the application for restoration of the appeal has already been allowed. In view thereof, the above Civil Application would have to be allowed and is accordingly allowed. Resultantly, the First Appeal is restored to file. FIRST APPEAL NO.347/1992. List the First Appeal for admission in the week commencing from 7th March, 2011. JUDGE pma