Sanjay P Meher v. Dattaram D. Morey

33-cas1877-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1877 OF 2016 IN REJECTED CASE NO.2750 OF 2016 Sanjay P. Meher ...Applicant V/s.

Dattaram D. Morey

...Respondent

Mr.M.V. Bajpai i/b Mr.Uday P. Warunjikar for the Applicant. None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 14TH DECEMBER, 2016.

P.C. :- 1.

By this civil application, the applicant prays that the order dated 31st August, 2016 passed by the learned Registrar (Judicial-II) be set aside and Second Appeal (Lodging) No.12764 of 2016 be restored to file.

2.

Learned counsel appearing for the applicant states that appropriate amount of court fees was already paid before the first appellate Court and no separate court fees is required to be paid. 3.

It is made clear that if any court fees is payable, the same shall be paid by the applicant within six weeks from today. It is made clear that no further extension would be granted. Learned counsel for 1/2

33-cas1877-16 the applicant states that if any further court fees is payable, the same will be paid by his client within six weeks from today. The statement is accepted.

4.

For the reasons recorded aforesaid, the order dated 31st August, 2016 passed by the learned Registrar (Judicial-II) is set aside. Second Appeal (Stamp) No.12764 of 2016 is restored to file on the condition that the applicant pays the balance court fees, if any, within six weeks from today. It is made clear that no further extension would be granted.

5.

If any further court fees is payable and the same is not paid within the time prescribed, Second Appeal (Stamp) No.12764 of 2016 to stand dismissed without further reference to this Court. 6.

The civil application is disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2