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Bombay High Court

The Project Director, National Highway ... vs The Additional Commissioner Nagpur And ... on 11 August, 2021

Author: Swapna Joshi

Bench: Swapna Joshi

                                                         1                           2.CAO.118-21 IN MCA.ST.NO. 25755-19.odt




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR

               CIVIL APPLICATION (CAO) NO. 118 OF 2021
                                  IN
            MISC. CIVIL APPLICATION (ST) NO. 25755 OF 2019
                                  IN
        REJECTED CASE NO. 610 OF 2019 (A.A. ST.NO. 10069/2019)
        ( Project Director, National Highways Authority of India & Ors.
                                       Vs.
          The Additional Commissioner, Nagpur & Arbitrator & Ors. )
Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders

                                   Shri A.A. Kathane, Advocate for the applicants/appellants.
                                   Shri M.A. Kadu, A.G.P. for respondent Nos. 1 & 2.
                                   Shri V.S. Gordey, Adv. h/f Ms. R.D. Raskar, Adv. for the respondent
                                   Nos. 3 to 6.

                                   CORAM:          MRS. SWAPNA JOSHI, J.

DATED : 11th AUGUST, 2021.

This is an Application seeking condonation of delay in filing the restoration application.

2. Heard both sides. Perused the contents of the Application.

3. For the reasons mentioned in the Application, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

4. In view thereof, the delay in filing the restoration application is hereby condoned

5. The Civil Application stands disposed of accordingly.

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2 2.CAO.118-21 IN MCA.ST.NO. 25755-19.odt M.C.A. ST. NO. 25755 OF 2019 Shri Kathane, the learned counsel for the applicants/appellants seeks permission to correct the prayer clause in M.C.A. ST. No. 25755/2019.

2. The other side has no objection for the same. The request is therefore allowed.

3. The correction be carried out forthwith.

4. This is an application for restoration of the order dated 25.07.2019 of dismissal against the appellants for want of removal of office objection by the Registrar.

5. Perused the contents of the application. For the reasons mentioned in the application, the same is hereby allowed in terms of prayer clause therein.

6. The order dated 25.07.2019 in Rejected No. 610/2019 in Arbitration Appeal ST. No. 10069/2019 is hereby set aside. Arbitration Appeal ST.No. 10069/2019 is hereby restored, to file.

7. The Civil Application stands disposed of accordingly.

(MRS. SWAPNA JOSHI, J.) SD. Bhimte ::: Uploaded on - 11/08/2021 ::: Downloaded on - 12/08/2021 08:07:46 :::