This order granted restoration of the first appeal condoning a 413-day delay, directing the appellant to pay the court fee within two weeks under threat of dismissal without further reference.
Delay condoned and first appeal to be restored provided court fee is deposited within two weeks.
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1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATION No. 6634/2010
IN
FIRST APPEAL STAMP NO. 20511/2008 (R.C. No.321/2009) M/s Shiba Health Care through Proprietor, S.S. Nikalje
Versus
M/s M.J. Pharmaceuticals Ltd and another
________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________
Mr. B.K. Pawar h/f Mr. A.B. Kale, Advocate for applicant.
Mr. Swapnil Joshi h/f Mr. N.S. Deshpande, Advocate for respondents no. 1 and 2.
CORAM : A.V. NIRGUDE, J. Date : 1st July, 2010
PER COURT :
2 This application seeks restoration of the first appeal which was filed quite in time. The appellant however could not arrange funds for paying court fee and so they made an application before the Registrar for granting them some time for depositing the Court fee. The learned Registrar gave them two weeks' time but the appellant neither paid the court fee nor applied for extention of time. The learned Registrar therefore dismissed the appeal for want of court fee.
2
Against this order, present application is moved. This application is delayed by 413 days. Having regard to the nature of the case and in view of the fact that the respondent is quite aware of the pendency of this case being a caveator, I am inclined to condone the delay and also inclined to restore the first appeal provided the appellant shall deposit the court fee within two weeks from today. If the court fee is not deposited within two weeks from today, the appeal shall stand dismissed without further reference to the court.
3 Stand over two weeks i.e. to 15th July, 2010.
[A.V. NIRGUDE, J.]
tsk/
1 issue framed by the court
Whether the contended delay in filing the civil application for restoration of the first appeal can be condoned in view of the nature of the case and knowledge of the respondent caveator.
M/s Shiba Health Care through Proprietor, S.S. Nikalje
M/s M.J. Pharmaceuticals Ltd and another
A.V. Nirgude
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
