In an application contesting a stay on a special leave petition, the court extended the time for depositing a specified amount by six weeks as a last chance to prevent the dismissal of the stay application.
Extension of time to deposit the specified amount for another period of six weeks; order modified to permit deposit at trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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I N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
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CIVIL APPLICATION NO. 237 OF 2011
IN
FIRST APPEAL NO. 739 OF 2010
Aba Hariba Chavan .. Applicant (Org. Appellant) V/s. Satyanarayan Panalal Mandhane .. Respondents & Ors. (Org. Respondents)
Mr. N. J. Patil for the Applicant. Mr. Tejpal S. Ingale for Respondent Nos. 1 and 2.
CORAM : A. S. OKA, J.
DATE : JANUARY 21, 2011.
P.C.
Not on board. Mentioned, taken on board.
learned counsel appearing for the applicant on instruction of the applicant who is personally present in the Court states that the applicant does not desire to prosecute the Special Leave Petition filed in the Apex Court against the order dated 6th July, 2010 passed by this Court in Civil Application No.1265 of 2010.
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The applicant undertakes through his advocate that the Special Leave Petition will be unconditionally withdrawn.
:: O R D E R ::
i. The undertaking recorded above of the
applicant is accepted. In view of the undertaking, time granted to the applicant by clause (2) of order
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dated 6th July, 2010 to deposit the amount specified therein is extended by a period of six weeks from today as a last chance. It is made clear that, no further extension will be granted. If the applicant deposits the amount stipulated in clause (2) of the said order within the extended time, clause (3) of the said order dated 6th July, 2010 will operate. If the amount is not deposited within the extended time, it is obvious that the application for stay shall stand dismissed.
ii. The order dated 6th July, 2010, is modified by permitting the applicant to deposit the amount with the trial Court. It is obvious that if the amount is deposited with the trial Court, the said Court will permit withdrawal in terms of clause (4) of the said order.
iii. The trial Court will act upon an authenticated copy of this order.
JUDGE
1 issue framed by the court
Whether the time for deposit of an amount pending in a previous order should be extended.
Aba Hariba Chavan
Satyanarayan Panalal Mandhane
A. S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
