The State Of Maharashtra And ANR v. Shri Bhau Bhikaji Prabhulkar And ORS

57 crast 10577-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL REVISION APPLICATION (ST) NO. 10577 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Patil, AGP for the Applicant.

CORAM : K. K. TATED, J.

DATED : 08/08/2016 P.C.:

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Not on board. At the request of learned AGP matter is taken on board for hearing.

Heard learned AGP for Applicant.

This Revision Application is preferred by State of Maharashtra for setting aside conditional order dated 25.8.2015 passed by Registrar (Judicial-I) by which the First Appeal No. 24717 of 2015 stood dismissed for non-payment of deficit court fees. Said order was passed without issuing notice to other side. Therefore it is not necessary to issue notice to the respondent.

The learned A.G.P. for the applicant submits that as soon as they received proposal for filing First Appeal, they informed the concerned Officer to provide requisite amount for payment of Court Fees. He submits that there was delay on the part of Sneha Chavan 1/2

57 crast 10577-16=.doc concerned officer to deposit the amount in the office of the Government Pleader. He submits that now they have received requisite amount for payment of Court Fees and they undertake to pay the same within four weeks from today.

Considering the submissions made by the learned AGP for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Revision Application. Hence, following order is passed:

A) Civil Revision Application is allowed in terms of prayer clause (b) which reads thus:

"(b) that this Hon'ble Court be pleased to set aside the conditional order dated 25.08.2015 passed by the Learned Registrar (Judicial-I) and allow the applicant to deposit the deficit court fees in the above mentioned matter and restore the First Appeal (St). No.24717 of 2015, to file of the Hon'ble Court."

B) Applicant to deposit requisite amount of Court Fees within 4 weeks from today, failing which Civil Revision Application shall stand dismissed without referring back to the court.

C) Civil Revision Application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2