Shri. Reggie Fernandes v. Shri. Joseph D'Lunha

* 1/3 *

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 30 OF 2018 IN CIVIL APPLICATION NO. 1070 OF 2017 IN APPEAL FROM ORDER NO. 797 OF 2017 Shri. Reggie Fernandes ....Appellant (Orig. Defendant) V/s.

Shri. Joseph D'cunha ....Respondent (Orig. Plaintiff) * * * * * Ms. Rupa Mittal i/by. Mr. H.S. Thakkar, Advocate for the applicant.

CORAM :- CORAM :- SANDEEP K. SHINDE, J.

SANDEEP K. SHINDE, J.

(VACATION JUDGE).

(VACATION JUDGE).

DATE :- DATE :- 2ND JANUARY, 2018.

2ND JANUARY, 2018.

P.C. :- P.C. :- 1.

Vide order dated 11th December, 2017 passed in Appeal from Order (st) No. 31283 of 2017 with Civil Application No. 964 of 2017, the appellant was directed to deposit Rs.1,50,000/- on/or before 31st December, 2017 in

* 2/3 * the trial Court so as to enable him to file the written statement.

2.

The appellant, original defendant mentioned the matter before this Court on 29th December, 2017 seeking extension of time to deposit part of Rs.1,50,000/-. 3.

After hearing the appellant, this Court informed that, unless the appellant is willing to deposit Rs.1,50,000/- extension cannot be granted.

4.

Today, the appellant is present before the Court with cash of Rs.1,50,000/- and willing to deposit the same in the trial Court. The appellant therefore seeks appropriate order directing the trial Court to accept the said amount.

5.

Issue notice to the respondent returnable on 10th January, 2018.

6.

The appellant is directed to serve a copy of the Civil Application and a copy of this order to the respondent on/or before 6th January, 2018 and file Affidavit of service. Stand over to 10th January, 2018.

* 3/3 * 7.

Office to register the Application.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J)