Allowed

District Sperintendent of Police and Ors. v. Ramesh Waman Shinde

Bombay HC17 Aug 2012CAC/381/2012

Case brief

AI extract

What is this about?

This bench allowed Civil Revision Applications filed by the State of Maharashtra seeking condonation of delay in filing and restoration of dismissed First Appeals. The court held that sufficient reasons existed for the delay and permitted the State to deposit deficient Court fee within eight weeks.

What did the court decide?

Condonoation of delay in filing Civil Revision Applications and restoration of dismissed First Appeals subject to deposit of deficit Court fee within eight weeks.

District Sperintendent of Police and Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2012)

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CAC38112

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

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CIVIL APPLICATION NO.381 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO.17345 OF 2011

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District Superintendent of Police & ors. … Applicants Vs. Shri Ramesh Waman Shinde. … Respondent

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WITH CIVIL APPLICATION NO.382 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.25424 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri Gajanan Jaywantrao Chawale. … Respondent

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WITH CIVIL APPLICATION NO.383 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO.25428 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri.Namdeo Hari Shelke … Respondent

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WITH CIVIL APPLICATION NO.384 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.25462 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri.Bhagwan Rambhau Dhawale … Respondent

CAC38112

WITH

CIVIL APPLICATION NO.385 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.25422 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Shankar Ganpat Koli. … Respondents

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WITH CIVIL APPLICATION NO.386 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25487 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri .Kisan Laxman Shelke & ors. … Respondents

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WITH

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CIVIL APPLICATION NO.387 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO. 25466 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri.Bhimrao Pandurang Kolte & ors. … Respondents

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WITH

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CIVIL APPLICATION NO.388 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.25468 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Shahaji Nanasaheb Bhosale. … Respondent

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WITH

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CIVIL APPLICATION NO. 389 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.35473 OF 2011

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CAC38112

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The State of Maharashtra. … Applicant Vs.

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Shri Shrikant Abba Bhosale & ors. … Respondents

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WITH CIVIL APPLICATION NO.390 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 35483 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Anandrao Babasaheb Bhosale & ors. … Respondents

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WITH CIVIL APPLICATION NO.391 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.25446 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri Shripati Nanasaheb Bhosale. … Respondent

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WITH

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CIVIL APPLICATION NO.392 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25450 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Baburao Adgonda Patil. … Respondent

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WITH

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CIVIL APPLICATION NO.393 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO.25455 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri Anil Bapusaheb Bhosale. … Respondent

WITH

CAC38112

CIVIL APPLICATION NO.394 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25458 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Harichandra N.Dhawale (Deceased- through his L.R's) & ors. … Respondents

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WITH CIVIL APPLICATION NO.395 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO. 25397 OF 2011

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The State of Maharashtra. … Applicant Vs.

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Shri Baban Tulshiram Kumbhar & ors. … Respondents

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WITH CIVIL APPLICATION NO.396 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25419 OF 2011

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The State of Maharashtra. … Applicant Vs. Aba Ganpat Jagtap & anr (deceased -through his L.R's). … Respondents

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WITH CIVIL APPLICATION NO.397 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25430 OF 2011

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The State of Maharashtra. … Applicant Vs. Nanasaheb Shankarrao Bhosale (deceased -through his L.R's). … Respondent

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WITH

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CIVIL APPLICATION NO.398 OF 2012 IN

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CAC38112

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CIVIL REVISION APPLICATION (St.) NO. 25433 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri Dyandeo Tukaram Sonawane. … Respondent

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WITH

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CIVIL APPLICATION NO.399 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25437 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri Mugutrao Sambhaji Navale & ors. … Respondents

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WITH CIVIL APPLICATION NO.400 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25439 OF 2011

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The State of Maharashtra. … Applicant Vs. Shahajirao Vithalrao Bhosale (deceased-thru his L.R.'s). … Respondent

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WITH CIVIL APPLICATION NO.401 OF 2012 IN CIVIL REVISION APPLICATION (St.) NO. 25441 OF 2011

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The State of Maharashtra. … Applicant Vs. Shri Shahaji Vithal Shelke & anr. … Respondent

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WITH CIVIL APPLICATION NO.402 OF 2012 IN

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CIVIL REVISION APPLICATION (St.) NO. 25443 OF 2011

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The State of Maharashtra. … Applicants Vs. Shri Barhmu Jagannath Dhawale. … Respondent

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CAC38112

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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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The conditional order which was passed by the Registrar (Judicial-I) was directing the applicant / State to deposit the amount of

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CAC38112

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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 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

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CAC38112

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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

District Sperintendent of Police and Ors. v. Ramesh Waman Shinde

Case brief

What is this about?

What did the court decide?

District Sperintendent of Police and Ors. v. Ramesh Waman Shinde

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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