Bombay High CourtCAO/482/2015dispossed offdismiss for default

Sumit S/O Mahesh Naidu v. Mrs. Sonam W/O Sumit Naidu

2015-03-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

2003cao482.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.482/2015 IN FAMILY COURT APPEAL NO.326/2014 Sumit s/o Mahesh Naidu ...Versus...

Mrs. Sonam w/o Sumit Naidu - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Ira Khisti, Advocate for appellant Shri V.S. Dhobe, Advocate for respondent CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : 20.03.2015 The total amount payable to the respondent towards permanent alimony is Rs.7,00,000/-. By an order dated 10.10.2014, this Court had directed the appellant to deposit a sum of Rs.3,50,000/- as a condition for granting stay to the order directing the appellant to pay the permanent alimony of Rs.7,00,000/-. The said order stood modified at the stage of admission and the interim protection was confirmed subject to the depositing of the balance amount in this Court within a period of six weeks.

The applicant has sought the extension of time by a period of four months from this date for compliance of the order dated 10.2.2015.

2003cao482.15.odt In the facts of the case and for the reasons stated in the application, it would be necessary to extend the time for compliance of the order dated 10.2.2015 by a period of four months from this date. We also direct that the amount so deposited by the appellant in compliance of the order dated 10.2.2015 should be placed in a fixed deposit account of Nationalized Bank during the pendency of this appeal as the very purpose of filing this appeal would be frustrated if the entire amount deposited by the appellant is permitted to be withdrawn by the respondent.

With the aforesaid observations and directions, we dispose of the civil application by extending the period for depositing the amount by a period of four months from today. JUDGE JUDGE Wadkar