Mrs. Lorna James Samuel v. Mr. Cyril Fernandes And ORS.

1 3.10704.16 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10704 OF 2016 Mrs. Lorna James Samuel .....Petitioner V/s.

Mr. Cyril Fernandes and others .....Respondents Ms. Gauri Godse for the Petitioner Mr. J. M. Puranik for respondent no. 1 CORAM :

NITIN W. SAMBRE, J.

DATE :

OCTOBER 16, 2019.

P.C.

Heard respective counsel.

Considering the objection raised in para 11 to the reply given to the application for condonation of delay i.e. Exhibit 15, in my opinion, order impugned condoning the delay that too of unreasonable condition of depositing cost of Rs. 5000/- is inappropriate.

2 3.10704.16 wp.doc In my opinion, in view of default noticed as in para 11 of the reply as is pointed out by the petitioner, the cost is enhanced to Rs. 50000/- to which the petitioner will be entitled to withdraw. If the cost is not deposited, application for condonation of delay be deemed to have been rejected.

Petition stands disposed of.

[NITIN W. SAMBRE, J.]