Bhausaheb Kashinath Ghuge v. Subhash Ramgopal Bharuka

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10428 OF 2018 (Bhausaheb Kashinath Ghuge Vs. Subhash Ramgopal Bharuka) Mr.P.K.Joshi, Advocate for the petitioner.

Mr.A.V.Patil-Indrale, Advocate for the respondent. ( CORAM : Ravindra V.Ghuge, J.) DATE : 18/09/2018 PER COURT :

1.

I have heard the learned Advocate for the petitioner and the respondent. After this matter was heard for some time, learned Advocate for the petitioner submits on instructions from the client present in the Court that an amount of Rs.5,00,000/- would be deposited in the Court below on or before 05/10/2018 and the second installment of Rs.5,00,000/- will be deposited on or before 31/10/2018. It is further prayed that these amounts may be invested in fixed deposit receipts till the Court dealing with Summary Suit No.13/2015 decides the said proceedings as per the procedure laid down in Law.

2.

The learned Advocate for the respondent, though initially opposed any leniency being shown to the petitioner, submits on khs/SEPT.2018/10428-d

instructions that firstly, the petitioner shall not pray for any extension of time to deposit the money and secondly, if there is any default in depositing of the amount, the Court below will proceed to pass appropriate orders as are permissible in Law. The petitioner is agreeable.

3.

In view of the above, this petition is disposed of by slightly modifying the impugned order dated 27/07/2018 in view of the above statement of the petitioner having been recorded. No extension of time shall be permitted and any default in depositing the amount as per the committed schedule would permit the Trial Court to pass appropriate orders in the matter against the petitioner. ( Ravindra V.Ghuge, J.) Kranti Hansraj Shekatkar by Kranti Hansraj Shekatkar Date: 2018.09.21 10:27:25 +0530 khs/SEPT.2018/10428-d