Partly allowed

The State of Maharashtra Thr. the Special Land Acquisition Officer and Anr. v. Anant Joma Patil (Deceased) Thr. Lrs

Bombay HC16 Apr 2018CRA/195/2018

Case brief

AI extract

What is this about?

This High Court allowed condonation of delay and restoration of a First Appeal. The delay, caused by late receipt of a demand draft for deficit court fees, was deemed sufficient cause. The conditional order refusing registration was set aside, and the appeal restored subject to fee payment. No notice to the respondent was deemed necessary.

What did the court decide?

The Civil Revision Application for condonation of delay is allowed. The First Appeal is restored to the file subject to deposit of deficit court fees within eight weeks.

The State of Maharashtra Thr. the Special Land… — 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.333 OF 2017

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CIVIL REVISION APPLICATION (STAMP) NO.2736 OF 2017 IN FIRST APPEAL (STAMP) NO.32575 OF 2015

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The State of Maharashtra, Through the Special Land Acquisition Officer, Metro Centre No.5, Panvel, Dist. Raigad & Anr. .… Applicants V/s. Anant Joma Patil (Since Deceased), Through LRs.:Muktabai Ananta Patil & Ors. …. Respondents

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

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None for the Respondents.

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CORAM : DR. SHALINI PHANSALKAR-JOSHI, J. DATE : 16 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 Applicants-State.

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This Civil Application is for condonation of delay in filing Civil Revision Application. The delay is of 402 days.

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The cause for filing the above Civil Revision Application is the conditional order passed by this Court on 20^th November 2015, in First Appeal (Stamp) No.32575 of 2015, granting two weeks time to pay the deficit Court Fees, failing which the registration of First Appeal (Stamp) No.32575 of 2015 was to stand automatically refused.

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CAC-333-17.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.32575 of 2015 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.32575 of 2015 was filed by the Applicants-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-333-17.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.32575 of 2015 is also allowed in terms of prayer clause (b) thereof. Resultantly, First Appeal (Stamp) No.32575 of 2015 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.32575 of 2015, are, accordingly, disposed of.

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[DR. SHALINI PHANSALKAR-JOSHI, J.]

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CAC-333-17.doc

The State of Maharashtra Thr. the Special Land Acquisition Officer and Anr. v. Anant Joma Patil (Deceased) Thr. Lrs

Case brief

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The State of Maharashtra Thr. the Special Land Acquisition Officer and Anr. v. Anant Joma Patil (Deceased) Thr. Lrs

Case brief

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What did the court decide?

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