1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA NO. 1054 OF 2007 IN REJ. FIRST APPEAL NO. 451 OF 2007 Executive Engineer vs. Dnyandeo Kisan Pachange & Anr. AND MCA NO. 1065 OF 2007 IN REJ. FIRST APPEAL NO. 436 OF 2007 Executive Engineer vs. Manohar Suryabhan Dagwal & 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. MARCH 18, 2008. Heard Shri Patil, Advocate for the appellant/ applicant acquiring body. The Registry has refused registration in both First Appeals by orders dated 19.6.2007 because the applicant could not pay Court fee within time as granted. This Court has issued notice in the matter. The private land owner i.e. Respondent No.1 has chosen not to appear. There was no appearance for him on 5.3.2008 and there is no appearance even today. The learned AGP appears for the State of Maharashtra and Special Land Acquisition Officer. Shri Patil, Advocate states that because of financial difficulties and budget problems, at the relevant time the funds were not available and 2 process of procuring the same took time. He further states that now the Court fee is available and if the First Appeals are restored, within a week thereafter Court fee can be paid. In the circumstances, the orders dated 19.6.2007 rejecting First Appeals Stamp numbers are hereby recalled. Rejected First Appeal No. 451 of 2007 and 436 of 2007 are restored back to the file subject to payment of costs of Rs.300/- each to the High Court Legal Services Sub-Committee, Nagpur, by 10th April 2008. If the costs are so paid, office to restore First Appeals. The appellant shall then arrange to pay the Court fee by 21.4.2008. The office to proceed further in accordance with law. Both MCAs are accordingly allowed. JUDGE *GS.