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Bombay High CourtCA/8630/2018disposed offdismissed for default

Kashinath Malappa Sangve v. The State Of Maharashtra And Another

2018-07-20Hon'Ble Shri Justice V.L. Achliya3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 8543 OF 2018 IN RC/769/2016 WITH CA/11432/2013 IN FA/352/2015 WITH CA/8548/2018 IN RC/759/2016 WITH CA/8630/2018 IN RC/765/2016 WITH CA/9037/2018 IN RC/777/2016 ABHINANDAN BABU KASAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

928 CIVIL APPLICATION NO. 8547 OF 2018 IN RC/773/2016 USMAN IMAN MULLA DIED LRS JALIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

929 CIVIL APPLICATION NO. 8549 OF 2018 IN RC/775/2016 RAJENDRA MALIKARJUN TALI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

930 CIVIL APPLICATION NO. 8860 OF 2018 IN RC/763/2016 WITH CA/11400/2013 IN FA/330/2015 WITH CA/11402/2013 IN FA/349/2015 WITH CA/11406/2013 IN FA/348/2015 WITH CA/9059/2018 IN RC/767/2016 WITH CA/9060/2018 IN RC/761/2016 DATTATRYA SATLING PAWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER.

.....

Advocate for Applicants : Mr. Dharashive M.L. AGP for Respondents No.1 and 2 : Ms. S.S. Raut. ....

CORAM : V.L. ACHLIYA, J.

DATED : 20th JULY, 2018

PER COURT:- 1.

The applicants have moved this application for setting aside the order dated 30.08.2016 passed by Registrar (Judicial) dismissing cross- objections filed by applicants in default of non payment of court fees.

2.

Heard learned counsel for the applicants and the learned AGP for the State. Perused the order dated 30.08.2016. 3.

It is the contention of the learned counsel for the applicant that the amount of court fees could not be paid within time as the applicants had no funds to pay the requisite court fees. Now they have received the amount deposited by the acquiring body. 4.

Considering the cause assigned and consequences to follow if the request is not entertained, I am of the view that the application needs to be allowed on condition that the applicants shall deposit the requisite court fees within two weeks. 5.

Accordingly, the applications are allowed in terms of prayer clause 'B' and 'C' subject to condition that the applicants shall deposit the requisite court fees within two weeks from the date of this order. Failure to deposit the court fees within the stipulated period, the order passed stands recalled and applications stand dismissed.

6.

The applications stand disposed of in above terms. 7.

All concerned to act upon authenticated copy of this order. ( V.L. ACHLIYA ) JUDGE SPR