Bharti Sunil Dhat v. Navnath Dagdu Dhat And ORS

1418.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.1418 OF 2020 IN RC NO.47 OF 2020 IN FIRST APPEAL STAMP NO.37197 OF 2019 BHARTI SUNIL DHAT

VERSUS

NAVNATH DAGDU DHAT & OTHERS ...

Advocate for Applicant : Mr.K.J.Suryawanshi ...

CORAM : V.L.ACHLIYA,J.

DATE : 07.02.2020 P.C.

1] The applicant has moved this application seeking recall of the order dated 7th January, 2020, passed by the Registrar [Judicial] and for restoration of appeal.

2] Heard learned counsel for the applicant-appellant. Perused the order 7th January, 2020.

3] Registration was refused in default of applicant to pay deficit court fees within time provided for deposit of amount. It is submitted that the applicant is ready to deposit the amount in default to pay deficit court fees.

1418.20CA.odt 4] On due consideration of the submissions advanced and consequences to follow if the order is not recalled, I am of the view that application deserves to be allowed. Accordingly, the application is allowed in terms of prayer clause-B, subject to deposit of deficit court fees and removal of office objection within two weeks from today. Failure to deposit the court fees and remove office objections, the order of restoration stands recalled.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC