The General Manager, Best Undertaking v. Mr. Tulshiram Husani Sawkare

pr24 caf1007-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1007 OF 2015 IN FIRST APPEAL (ST). NO.15993 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Namita Mistry i/b M/s.Navdeep Vora and Associates for the applicant

CORAM

: K.K.TATED, J.

DATED : 05/03/2015 PC:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

This application is preferred by applicant original opposite party for continuation of interim order passed by this court on 30.01.2015 by condoning two days delay in depositing entire decreetal amount in the trial court.

The learned counsel for the applicant submits that they deposited entire decreetal amount in the trial court on 03.03.2015. She submits that there was delay of two days in complying the order dated 30.01.2015 passed by this court in Civil Mohite 1/2

pr24 caf1007-15.doc Application No.270 of 2015. Hence, they preferred the present Civil Application.

Considering the submissions made by the learned counsel for the applicant and the averments made paragraph 4 of the Civil Application, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, Civil Application is allowed in terms of prayer clause (a) and (b) which reads thus:

"(a) The ad-interim Stay granted on 30.01.2015 be extended till next date.

(b) The delay of 2 days in depositing the entire decreetal amount in Motor Accident Claim Tribunal, Mumbai be condoned."

Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2