Betu Custa Velip (Since Deceased ) Thr. Lrs and 15 Ors. Vs Antonio Dias E Pinto (Since Deceased ) and 4 Ors. — Bombay HC (2025) — LawSathi Research

Betu Custa Velip (Since Deceased ) Thr. Lrs and 15 Ors. Vs Antonio Dias E Pinto (Since Deceased ) and 4 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application made absolute in terms of prayer clause (a): extension of time granted; appellants permitted to deposit Rs.5000/- for the year 2023 within 15 days, and upon such deposit the lapse shall not be construed as default on their part.

Issue for consideration

Whether the applicants (appellants in Second Appeal No.37 of 2012), who defaulted on the annual deposit of Rs.5000/- due for the year 2023 under the conditional stay order dated 05.09.2012, should be granted an extension of time to make that deposit so as to avoid the lapse being treated as default.

Court's answer

On hearing counsel and perusing the application, the Court found that the default in making the 2023 installment was bonafide, the appellants otherwise having been diligent in depositing the amount as directed.

Ratio / Principle

The Court permitted the appellants to deposit the amount of Rs.5000/- for the year 2023 within a period of 15 days from the date of the order.

Key takeaways

If the amount is deposited within the permitted 15 days, the lapse shall not be construed as default on the part of the appellants.ratio¶¶20

Detailed headnote1 paragraphs

Misc. Civil Application No.99 of 2025 in Second Appeal No.37 of 2012 (Betu Custa Velip (since deceased) thr. LRs and 15 ors. v. Antonio Dias e Pinto (since deceased) and 4 ors.), High Court of Bombay at Goa (Bharati Dangre, J.), decided 13th June 2025. By order dated 05.09.2012 on Civil Application No.44 of 2012, the operation of the judgment and decree dated 12.10.2011 in the second appeal was stayed subject to the appellants depositing Rs.5000/- in December of every year until disposal of the appeal, the deposits being subject to final orders therein and invested in fixed deposit. The present application sought extension of time as the appellants, otherwise diligent, had missed the installment due for the year 2023 (the amount due for 2024 having been deposited). Holding the default bonafide, and there being no serious objection from the respondents' counsel, the Court permitted deposit of Rs.5000/- for the year 2023 within 15 days and directed that upon such deposit the lapse shall not be construed as default on the part of the appellants. Application made absolute in terms of prayer clause (a).

MCA 99 of 2025

2025:BHC-GOA:937

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.99 OF 2025 IN

SECOND APPEAL NO.37 OF 2012 BETU CUSTA VELIP (SINCE DECEASED ) THR. LRS AND 15 ORS ... APPLICANTS Versus ANTONIO DIAS E PINTO (SINCE DECEASED ) AND 4 ORS., ... RESPONDENTS

Ms. Pooja Naik, Advocate for the Applicants. Mr. Ivan Santimano, Advocate for the Respondents.

CORAM:- BHARATI DANGRE, J.

DATED :- 13th June, 2025

P.C.:

By order dated 05.09.2012 passed on Civil Application No.44 of 2012, taken out in Second Appeal, it was directed that the operation of the impugned judgment and decree dated 12.10.2011 be stayed subject to the appellants depositing in the Court, a sum of Rs.5000/- in the month of December of every year until the disposal of the above appeal and the amount deposited was directed to be subject to the final orders passed in the Second appeal.

The amount so deposited was directed to be invested in a fixed deposit for a period of two years.

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13th June, 2025

MCA 99 of 2025

The present application is filed seeking extension of time to ensure compliance of the said order, as it is submitted that the appellants had been diligent in depositing the said amount, except he missed the installment due for the year 2023, the amount due for the year 2024 has accordingly deposited.

3 On hearing the learned counsel for the applicants and perusal of the application, since it appears that the default is bonafide and otherwise the appellants had been diligent in depositing the amount as directed by this Court, I permit the appellants to deposit the amount of Rs.5000/- for the year 2023 within a period of 15 days from today.

The learned counsel for the respondents do not raise any serious objection to the extension of time.

The application is made absolute in terms of prayer clause (a).

Upon the amount is being deposited within 15 days, the lapse shall not be construed as default on the part of the appellants.

BHARATI DANGRE, J.

Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 13/06/2025 17:15:46

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13th June, 2025