Bombay High Court Condoned Delay in Filing Restoration Application in Service Matter - Dilip Choudhary v. Punjabrao Krishi Vidyapeth

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The judgment pertains to Civil Application No. 8092 of 2007 filed by Dilip Bayaram Choudhary (since deceased, through his legal representatives) against Punjabrao Krishi Vidyapeth, Akola and others. The application sought condonation of delay in filing a restoration application in connection with M.C.A. St. No. 18466 of 2007 and L.P.A. St. No. 2650 of 2007, arising from Writ Petition No. 3449 of 2006. The court, after hearing the advocates for both sides, found sufficient cause shown in the application and condoned the delay. The order was passed by a division bench comprising Justices A.H. Joshi and R.K. Deshpande on 13th January 2010. No further details of the underlying dispute or merits were discussed.

Headnote

A) Civil Procedure - Condonation of Delay - Restoration Application - The court considered an application for condonation of delay in filing a restoration application in a service matter. The delay was condoned for the reasons stated in the application. (Para 1)

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Issue of Consideration

Whether the delay in filing the restoration application should be condoned.

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Final Decision

Delay condoned.

Law Points

  • Condonation of delay
  • Restoration application
  • Limitation
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Case Details

2010 LawText (BOM) (01) 33

Civil Application No. 8092 of 2007 in M.C.A. St. No. 18466 of 2007 in L.P.A. St. No. 2650 of 2007 in W.P. No. 3449 of 2006 (D)

2010-01-13

A.H. Joshi, R.K. Deshpande

Shri A. D. Sonak for applicants, Shri R. Y. Rajkarne for respondents no.2,4 & 5, Shri V. G. Wankhade for respondent no.1 & 3

Dilip s/o Bayaram Choudhary (Dead) through L.R.'s

Punjabrao Krishi Vidyapeth, Akola and Others

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Nature of Litigation

Civil application for condonation of delay in filing restoration application in a service matter.

Remedy Sought

Condonation of delay in filing restoration application.

Filing Reason

Delay occurred in filing the restoration application.

Issues

Whether the delay in filing the restoration application should be condoned.

Submissions/Arguments

For the reasons stated in the application, the delay was sought to be condoned.

Ratio Decidendi

For the reasons stated in the application, the delay caused in filing the restoration application is condoned.

Judgment Excerpts

For the reasons stated in the application, delay caused in filing the restoration application is condoned.

Procedural History

The application was filed in the High Court of Judicature at Bombay, Nagpur Bench, and was heard on 13th January 2010.

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