Bombay High CourtCAS/2060/2015allowed

The Zilla Parishad,Satara (Thr. Chief Executive Officer) v. Ranjit Kantilal Shah (Proprietor Of Kruti Constructions)

2016-09-30Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 17-CAS2060.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. NO. 2060 OF 2015 IN SECOND APPEAL NO.1530 OF 2015 The Zilla Parishad, Satara & Ors.

..... Applicants

VERSUS

Ranjit Kantilal Shah & Anr.

..... Respondents Mr.M.U.Rajput, i/b. Mr.Uday Warunjikar for the Applicants. Mr.Sachin Punde, i/b. Mr.Anand Kulkarni for the Respondents. CORAM :

R.D. DHANUKA, J.

DATE :

30th SEPTEMBER, 2016 P.C.

Learned counsel appearing for the applicants states that the cost awarded by this court vide two orders dated 22nd September, 2015 in Civil Application No.1487 of 2014 will be paid to the respondent no.2 within two weeks from today without fail and seeks restoration of the Civil Application No.1487 of 2014. 2.

Delay in making payment of cost is properly explained by the applicants in the civil application. The statement made by the learned counsel for payment of the cost within two weeks from today is accepted. It is made clear that if the payment is not made within two weeks from today, extension granted by this court and this order thereby restoring the Civil Application No.1487 of 2014 to stand vacated. I, therefore, pass the following order :- (a) Civil application is made absolute in terms of prayer clause (a) upon the payment of cost to the respondent no.2 by

kvm 2/2 17-CAS2060.15 the applicants within two weeks from today as directed by the order dated 22nd September, 2015. It is made clear that the civil application to stand restored only upon payment of cost of Rs.2,500/- from today. If the payment of cost is not made, this order to stand vacated forthwith.

(b) The applicants are directed to produce a copy of payment receipt of Rs.2,500/- before the Associate of this Court within three weeks from today. If the payment is made as directed aforesaid, the order passed by this court on 22nd September, 2015 allowing condonation of delay of 365 days in filing second appeal to stand restored.

[R.D. DHANUKA, J.]