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Bombay High CourtCAW/932/2016disposed off

Shri. Shamshuddin Abbas Patekari v. The President / Secretary, Deshbhakt Padmanshree Ratnappa Kumbhar Education Society And ORS.

2016-06-06Hon'Ble Shri Justice A. K. Menon2 pages

kvm 1/2 8-CAW932.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 932 OF 2016 IN WRIT PETITION NO. 7785 OF 2013 Shri Shamsuddin Abbas Pattekari ..... Applicant

IN THE MATTER BETWEEN

Shri Shamsuddin Abbas Pattekari ..... Petitioner

VERSUS

The President/Secretary, Deshbhakt Padmanshree Ratnappa Kumbhar Education Society & Ors.

..... Respondents Ms.Pavitra Manish, i/b. Meelan Tupkar for the Applicant/Petitioner. Mr.S.D.Rayrikar, A.G.P. for Respondent no.8.

CORAM :

R.D. DHANUKA, J.

DATED :

6th JUNE, 2016 P.C.

Learned counsel appearing for the applicant states that a copy of the civil application is served upon all the parties. Learned A.G.P. appearing for respondent no.8 waives service. Statement is accepted.

2.

By this civil application, the applicant seeks extension of time to pay cost of Rs.10,000/- directed to be paid by this court by an order dated 18th December, 2015 to the management within four weeks from the date of the said order. 3.

Learned counsel appearing for the applicant states that the cost of Rs.10,000/- was personally offered by the learned advocate representing the applicant to the learned counsel representing the management. Learned advocate

kvm 2/2 8-CAW932.16 appearing for the management however informed the learned advocate representing the applicant that the management had intended to challenge the order of this court and thus could not accept the said amount. It is the case of the applicant that though the applicant had offered cost of Rs.10,000/- as directed, since the management did not accept, the school tribunal is not proceeding with the matter as directed by this court.

4.

No affidavit in reply is filed by the management. Delay in payment of Rs.10,000/- towards costs is condoned. The applicant is directed to deposit the said amount of Rs.10,000/- in the school tribunal within two weeks from today. Upon deposit of the said amount in the school tribunal by the petitioner, the school tribunal is directed to proceed with the matter as directed by this court vide order dated 18th December, 2015.

5.

Civil application is disposed of in the aforesaid terms. No order as to costs. [R.D. DHANUKA, J.]