Bombay High CourtCAO/704/2015dispossed offdismiss for default

Ganesh Bapuraoji Mandve (Dead) L.Rs Sau. Kirti Ganesh Mandve And Another v. Sau. Vijay Bhaskar Dhole

2015-04-29Hon'Ble Shri Justice A.S. Chandurkar2 pages

14-CAF-704-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.704 OF 2015 IN CIVIL APPLICATION (CAF) NO.2054 OF 2014 IN FIRST APPEAL NO.635 OF 2014 Ganesh Bapuraoji Mandve (Dead) Thr. L.Rs.Kirti Ganesh Mandve & Anr. -vsVijay Bhaskar Dhole ---------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------------------- Shri A. S. Kilor, Advocate for appellant/applicant. Shri V. V. Bhangde, Advocate for respondent.

CORAM : A.S.CHANDURKAR, J.

DATE : APRIL 29, 2015 This application has been moved by the original defendant praying that she be permitted to deposit the amount of Rs.7,00,000/- by extending the time that was initially granted vide order dated 19/11/2014. As per the said order, amount of Rs.7,00,000/- was to be deposited within period of eight weeks. In the application, it is stated that said amount could not be arranged and on 10/03/2015, amount of Rs.5,00,000/- could be arranged. It is also stated that amount of Rs.2,00,000/- shall be deposited within further period of eight weeks.

The application is opposed by the respondent on the ground that time as initially granted has expired and hence the interim order stands automatically vacated. It is also stated that no justifiable reasons are given in the application for non-compliance of the earlier order.

Considering the nature of order passed on 19/11/2014

14-CAF-704-15 2/2 and the reasons assigned in the application, the time to comply with aforesaid order is extended by four weeks from today. If entire amount of Rs.7,00,000/- is deposited within period of four weeks from today, further directions contained in said order shall operate. Similarly, if entire amount is not deposited within period of four weeks from today, the order dated 19/11/2014 shall stand vacated without reference to the Court.

Civil Application is disposed of.

JUDGE Asmita