Allowed

The State of Maharashtra and Other v. Mahadev Sopan Sarvade and Others

Bombay HC17 Aug 2012CAC/364/2012

Case brief

AI extract

What is this about?

This judgment condones delays in filing Civil Revision Applications by the State of Maharashtra against dismissal of First Appeals for non-prosecution due to non-payment of Court fee. The Court permitted the State to deposit the deficit fee within eight weeks to restore the appeals.

What did the court decide?

Civil Revision Applications allowed; Conditional Orders set aside; Eight weeks granted to deposit deficit Court fee to restore First Appeals.

The State of Maharashtra and Other Vs Mahadev… — Civil Procedure and Limitation | Bombay HC (2012)

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CAC36412

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

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CIVIL APPLICATION NO.364 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.1060 OF 2011

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The State of Maharashtra & anr. … Applicants Vs.

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Shri Mahadev Sopan Sarvade & ors. … Respondents

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WITH CIVIL APPLICATION NO.365 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.529 OF 2011

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The State of Maharashtra & anr. … Applicants Vs.

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Shri Mavaji Gopala Kawar. … Respondent

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WITH CIVIL APPLICATION NO.366 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.9597 OF 2011

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The State of Maharashtra . … Applicant Vs.

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Shri.Nivrutti Sopana Borate & anr. … Respondents

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WITH

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CIVIL APPLICATION NO.367 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.9618 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Madhukar Shankar Bande. … Respondent

CAC36412

WITH

CIVIL APPLICATION NO.368 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.9616 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Somnath Sadhu Bansode. … Respondent

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WITH CIVIL APPLICATION NO.369 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO. 9610 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Balbhim Shankar Bansode. … Respondent

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WITH CIVIL APPLICATION NO.370 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 9591 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Vithoba Pandu Jadhav … Respondent

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WITH CIVIL APPLICATION NO.371 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.9607 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Bhima Sambha Bande. … Respondent

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WITH

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CIVIL APPLICATION NO. 372 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.9602 OF 2011

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CAC36412

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The State of Maharashtra. … Applicant Vs. Shri Sambhaji Dagadu Bansode. … Respondent

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Mr.A.R.Patil, AGP for applicants.

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CORAM : N.M. JAMDAR J. Friday, August 17, 2012.

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P.C.:

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This group of matters are Civil Revision Applications filed by the State of Maharashtra praying that the conditional orders passed by the Registrar (Judicial-I) be set aside. By the conditional orders, the Registrar (Judicial -I) had directed the State of Maharashtra, who had filed First Appeals without paying the requisite Court fee, to pay the Court fee within period stipulated in the order. Since the appellant-State failed to deposit Court fee within the time prescribed, the conditional orders became operative and the First Appeals were dismissed for non-prosecution. There is delay in filing the Civil Revision Applications and therefore, Civil Applications for condonation of delay have been filed along with Civil Revision Applications.

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I have heard Shri A.R.Patil, learned AGP, who has pointed out the averments in the application setting out the reasons why delay occurred in filing the Civil Revision Applications. I have gone through the applications. I find the reasons to be sufficient to condone the delay in filing the Civil Revision Applications. Accordingly, the Civil Applications for condoning the delay in filing Civil Revision Applications are allowed.

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CAC36412

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The conditional order which was passed by the Registrar (Judicial-I) was directing the applicant / State to deposit the amount of Court fee along with the First Appeals. It has been averred in the revision applications that the Office of the District Government Pleader forwarded the matter for opinion to the Law and Judiciary department, Mantralaya regarding filing the First Appeals. Since the procedure was taking some time, First Appeals came to be filed, depositing nominal Court fee. The Registrar (Judicial-I) granted two weeks time to pay the deficit Court fee and thereafter the Registrar (Judicial-I) passed a conditional order. The conditional order became operative and the First Appeals came to be dismissed. It is submitted that after the conditional order became operative, the acquiring body deposited a demand draft for payment of Court fee in all the first appeals, with the office of the Government Pleader High Court (A.S) Mumbai. The learned AGP submits that if some time is given to deposit the deficit Court fee, the Court fee will be immediately deposited, as the amount of Court fee is now lying with the Office of the Government Pleader.

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Considering the fact that the applicant is State Government and that the applicant-State is now ready to deposit the Court fee and has given cogent reasons why the Court fee could not be deposited earlier, it will be in interest of justice to permit the applicant-State to deposit the Court fee and restore the First Appeals. Mr.Patil learned AGP, also points out that in similar set of circumstances this Court in group of matters (Civil Application No.508 of 2009 with Civil Revision Application No.712 of 2010 and other matters) has passed orders condoning the delay in filing Civil Revision Applications and the Civil Revision Applications also have

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CAC36412

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been allowed by permitting the the State of Maharashtra to deposit the Court fee. I have perused the order dated 15 October 2010, which is placed on record. Facts and circumstances in those group of matters are similar to the facts and circumstances of the group at hand. Accordingly, the Civil Revision Applications are allowed in terms of prayer clause (b) and (c) with a condition that the applicant-State shall deposit the deficit Court fee within a period of eight weeks from today. If the requisite Court fee is deposited and all other objections removed then the First Appeals be listed for admission on their assigned date. The Civil Applications and Civil Revision Applications are disposed of accordingly.

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(N.M.JAMDAR, J.)

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Mlns

The State of Maharashtra and Other v. Mahadev Sopan Sarvade and Others

Case brief

What is this about?

What did the court decide?

The State of Maharashtra and Other v. Mahadev Sopan Sarvade and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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