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2019 (6) TMI 115 - BOMBAY HIGH COURTRestoration of appeal - Service of Notice of Motion - order passed by the Prothonotary and Senior Master - HELD THAT:- There is sufficient explanation for delay. Moreover, the objections were removed within the stipulated time. Therefore, a case is made out for restoration of the appeal. A conditional order cannot expect the party to do something which is not within its control. A conditional order can be always passed granting conditional time to remove office objections. However, onus of getting the matter numbered and registered cannot be put to a party. That is the job of the Registry. It will be appropriate if the learned Prothonotary and Senior Master takes a note of these observations. The delay of 2,386 days in filing notice of motion is only a technical delay which deserves to be condoned. Accordingly, notice of motion is made absolute in terms of prayer clauses (a) and (b) - the appeal shall not be dismissed under Rule 986 only on the ground that the appellant has failed to get the appeal numbered and registered.
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