Allowed

The State of Maharashtra (Thru the Deputy Collector Land Acquisition) v. Shri Dharmaraj Janardan Tandel and Ors.

Bombay HC4 Apr 2018CAC/63/2018

Case brief

AI extract

What is this about?

The High Court of Bombay allowed a Civil Application for condonation of a 21-day delay in filing a Civil Revision Application. The delay arose from the acquiring body's late deposit of deficit Court Fees due to non-receipt of a Demand Draft. The restoration of the First Appeal was also granted.

What did the court decide?

Civil Application for condonation of delay and Civil Revision Application for restoration of the First Appeal allowed. Debtors granted eight weeks to deposit deficit Court Fees.

The State of Maharashtra (Thru the Deputy… — Civil Procedure and Limitation | Bombay HC (2018)

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Dixit

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.63 OF 2018

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CIVIL REVISION APPLICATION (STAMP) NO.20600 OF 2016 IN

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FIRST APPEAL (STAMP) NO.17992 OF 2016

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The State of Maharashtra, Through the Deputy Collector (Land Acquisition), Metro Centre No.1, Uran-Raigad. .… Applicant V/s. Dharmaraj Janardan Tandel & Ors. …. Respondents

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Mr. A.R. Patil, A.G.P., for the Applicant-State.

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None for the Respondents.

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CORAM : DR. SHALINI PHANSALKAR-JOSHI, J. DATE : 4 TH APRIL, 2018.

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P.C. :

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. Not on Board. Upon mentioning, taken on Board.

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Heard Mr. Patil, learned A.G.P. for the Applicant-State.

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This Civil Application is for condonation of delay in filing Civil Revision Application. The delay is of 21 days.

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The cause for filing the above Civil Revision Application is the conditional order passed by this Court on 27^th June 2016, in First Appeal (Stamp) No.17992 of 2016, granting two weeks time to pay the deficit Court Fees, failing which the registration of First Appeal (Stamp) No.17992 of 2016 was to stand automatically refused.

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CAC-63-18.doc

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On account of non-compliance of the above order, namely, the payment of deficit Court Fees, the conditional order became operative and, resultantly, the registration of First Appeal (Stamp) No.17992 of 2016 stood refused.

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The conditional order passed by the learned Registrar (Judicial-I) is referable to Rule 4(vi) of Chapter V of the High Court (Appellate Side) Rules. Against such an order, there is a remedy of 'Revision', provided by Rule 6 of Chapter V of the High Court (Appellate Side) Rules. The said Rule provides that, “such order shall be revisable upon a regular stamped application, which shall be filed within seven days from the date of the order”.

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It may be stated that, the First Appeal (Stamp) No.17992 of 2016 was filed by the Applicant-State on payment of nominal Court Fees. However, as per the statement made in the Civil Application for condonation of delay, the 'Acquiring Body' has not deposited the Demand Draft for payment of the deficit Court Fees with the Office of the Government Pleader, High Court, Mumbai, in time. Now the Demand Draft is received. Hence, as the delay caused in depositing the deficit Court Fees was only on account of non-receipt of the Demand Draft in time, it has to be held that, the sufficient cause is made out for condonation of the delay and for allowing the Civil Revision Application to set aside the conditional order passed by the Registrar(Judicial-I).

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CAC-63-18.doc

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In the identical fact situation, earlier also, this Court has come to the conclusion that, notice to the other side is not required, insofar as condonation of delay in filing Civil Revision Application for setting aside the conditional order passed by the Registrar (Judicial-I) of this Court is concerned. The learned A.G.P. has also relied upon an order of this Court to that effect passed in Civil Application No.458 of 2015 in Civil Revision Application No.15443 of 2015 in First Appeal (St.) No.1514 of 2015 in L.A.R. No.188 of 2007, dated 30^th September, 2015.

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In view thereof, the present Civil Application for condonation of delay is allowed and made absolute in terms of prayer clause (b).

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The Civil Revision Application for restoration of First Appeal (Stamp) No.17992 of 2016 is also allowed in terms of prayer clause (b) thereof. Resultantly, First Appeal (Stamp) No.17992 of 2016 is restored to the file, subject to deposit of the deficit Court Fees within a period of eight weeks from today.

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The Civil Application for condonation of delay and the Civil Revision Application for restoration of First Appeal (Stamp) No.17992 of 2016, are, accordingly, disposed of.

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[DR. SHALINI PHANSALKAR-JOSHI, J.]

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CAC-63-18.doc

The State of Maharashtra (Thru the Deputy Collector Land Acquisition) v. Shri Dharmaraj Janardan Tandel and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra (Thru the Deputy Collector Land Acquisition) v. Shri Dharmaraj Janardan Tandel and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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