High Court in civil appellate jurisdiction condoned delay in condonation application subject to payment of costs and accepted undertaking to clear maintenance arrears and litigation expenses.
Condonation of delay allowed subject to payment of Rs.1,000/-; applicant's undertaking to clear arrears accepted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.160 OF 2007
IN
FAMILY COURT APPAL ST.NO.12957 OF 2007
Gautam Pandurang Nage .. Applicant
Vs.
Lata Gautam Nage .. Respondent
Mr.B.G.Tangsali for the applicant
Ms.Neena B.Chakraborty for the respondent
CORAM : J.N.PATEL &
A.A.SAYED, JJ.
DATED : 1ST OCTOBER, 2007
P.C.:
1. Heard.
2. There is an application for condonation of
delay of 133 days filed by the applicant who has
preferred the appeal. The reason given in the
application is his indifferent health. There is no
medical certificate annexed to the application.
Inspite of that, we find that in order to give a
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fair opportunity to the applicant, the delay can be
condoned subject to cost which we quantify as
Rs.1,000/- as condition precedent to the
respondent. The cost to be paid within a period of
2 weeks. The appeal to be listed after registering
the same.
3. The learned counsel for the appellant
submits that inspite of our order dated 10th
September, 2007, the applicant has not been able to
collect sufficient funds to clear all arrears of
maintenance and deposit sum of Rs.5000/- towards
initial expenses for litigation. On taking
instruction from his client, he makes a statement
that his client undertakes to clear all arrears of
maintenance and deposit a sum of Rs.5000/- within a
period of 6 weeks. We accept the undertaking.
( J.N. PATEL, J )
( A.A. SAYED, J )
Gautam Pandurang Nage
Lata Gautam Nage
J.N.PATEL
A.A.SAYED
As recorded by the court registry
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