Sudhakar Babu Parab v. Smt.Sarifabi Abdul Karim And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.476 OF 2014 IN CIVIL REFVISION APPLICATION NO.458 OF 2012 Sudhakar Parab .. Applicant.

V/s.

Smt. Sarifabi A Karim and ors .. Respondents.

Mr. Abhijeet Jayant Kandarkar, for the Applicant.

Mr. S. N. Kadam, for the Respondent No.2.

Mr. Ayub Abdul Karim Shaikh, respondent No.2 present in person.

CORAM : K. R. SHRIRAM, J.

DATE : 28st January, 2015.

P.C.

On 19th January, 2015, the counsel for the applicant stated that he has not been able to contact his client and seek instructions.

Therefore, the matter was directed to be listed today.

2.

The counsel states that he was able to speak to his client last night and his client informed him that he was unwell. The counsel

for the respondent No.2 Mr. Kadam, on instructions from respondent No.2 who is present in the Court states that his client saw the applicant this morning in the locality where they all reside and he found him to be perfectly normal.

3.

In the Civil Revision Application, by order dated 15th April, 2013, the applicant was directed to pay monthly rent at the rate of Rs.3,000/- per month to be paid by crossed demand draft on or before 10th of every month. The counsel for the respondent states that till date, not a penny has been paid by the applicant.

4. Civil Application is to grant instalments to pay arrears.

5. This Civil Application has been taken on 27.2.2014 and it is almost 7 months since then. Still the applicant has failed to pay any amount. I would have expected the applicant at least to have shown some

genuineness and by now made some part payment. But the applicant has grossly failed.

6. Therefore, I see no reason why the applicant should be granted any further time.

7. Nevertheless the applicant is given one last opportunity to pay all the outstanding amount upto 31st January, 2015 on or before 2nd February, 2015. It is made clear that if the amount is not deposited or paid, interim orders running in favour of the applicant will stand automatically vacated without further reference to this Court. Application accordingly stands disposed of.

(K. R. SHRIRAM, J.)