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Bombay High CourtCAC/468/2016disposed off

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

2016-08-08Hon'Ble Shri Justice K.K. Tated2 pages

57 cac 468-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 468 OF 2016 IN 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.:

.

Heard the learned A.G.P. for the applicant.

This application is preferred by State of Maharashtra for condonation of delay in preferring the Civil Revision Application to set aside the conditional order dated 25.8.2015 passed by learned Registrar (Judicial-I) by which the First Appeal stood dismissed on Stamp number for non-payment of deficit Court Fees within time.

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. submits that office of the Sneha Chavan 1/2

57 cac 468-16=.doc Government Pleader received the amount for payment of Court Fees. He submits that applicant undertakes to pay Deficit Court Fees within four weeks.

Considering the submissions made by the learned AGP for the Applicant and as applicants are ready and willing to pay Court Fees within stipulated time as stated hereinabove, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order is passed:

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

"(b) that this Hon'ble Court be pleased to condone the delay of 202 days in preferring the abovementioned Civil Revision Application in First Appeal (ST).

No.24717 of 2015."

B) Civil application stands disposed off accordingly.

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