1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 32 OF 2009 IN MCA ST. NO. 18675/2008 IN FA NO. 157 OF 2006 (Uttam Dnyaneshwar Gangatre & Ors. vs. State of Maharashtra & Ors.) 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, J. FEBRUARY 10, 2009. Heard Shri Narwade, learned counsel for the applicants/ appellants. The prayer is to condone delay of 658 days in filing MCA St. No. 18675 of 2008. The said MCA Stamp No. has been filed for restoration of First Appeal No. 157 of 2004, which came to be dismissed for want of prosecution on 8.1.2007. Shri Narwade, learned counsel states that time till 8.1.2007 was granted to file the paper book and the paper book was filed on 20.2.2007. He states that in these circumstances when First Appeal was already admitted, it may be restored. Smt. Khade, learned AGP states that delay is huge and considering the fact that the proceedings are in relation to land acquisition, the delay should not be condoned. As the First Appeal was admitted and 2 paper book has already been filed, I am inclined to condone delay and restore First Appeal. Accordingly, order dated 8.1.2007 dismissing First Appeal in default for not filing paper book is recalled and first appeal is restored back to file. As the paper book is already supplied by the appellant/ applicant, the office to proceed further. JUDGE *GS.