M/S Nagar Kopargaon Infrastructure Pvt Ltd Through Gpa Jayesh Umakant Nehate And Another v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO. 13476 OF 2017 M/S NAGAR KOPARGAON INFRASTRUCTURE PVT LTD THROUGH GPA JAYESH UMAKANT NEHATE AND

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners : Mr. S.V. Natu h/f Mrs. Kalpana S. Sonpawale AGP for Respondents: Mr. S.P. Tiwari .....

CORAM : V. K. JADHAV, J.

DATED : 19th APRIL, 2018 PER COURT:- 1.

Learned counsel for the petitioners submits that though the trial court has partly allowed the application Exh.102 and directed the petitioners-plaintiffs to pay the deficit court fees, on the amount mentioned in the order passed by defendant No.2, within three weeks from the date of order, failing which the plaint shall be rejected, till this date, the trial court has not passed any separate order of rejection of plaint as such.

2.

Learned counsel for the petitioners, on instructions, restricts this petition to the extent that the said period of three weeks for paying the deficit court fees, as directed by the trial court, to be extended for another period of three weeks from the date of this order and the petitioners are ready to pay the deficit court fees as

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3.

Learned A.G.P. has no objection if the time is extended in view of the fact that the writ petition is restricted to that extent only. 4.

In view of above submission, time of three weeks to deposit the deficit court fees, as directed by the trial court is hereby extended by another period of three weeks from the date of this order, failing which the petitioners would face the consequences as directed by the trial court in the impugned order.

5.

Writ petition is disposed of. No costs.

( V. K. JADHAV, J.) rlj/