Suchitra Ginning Factory, Buldana And Another v. Rajendra S/O Radhkisan Rathi

4 ..caw 2896-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2581 OF 2019 Suchitra Ginning Factory, Buldana and another ...Versus...

Rajendra s/o Radhakisan Rathi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- Shri Rahul Tajne, Advocate for petitioners CORAM : N.B.SURYAWANSHI, J.

DATE : 29/10/2021 The petitioner has challenged a money decree of Rs. 4,00,000/- and there was a delay of one year and two months in filing the appeal. While condoning the delay, cost of Rs. 50,000/- is imposed by the Appellate Court this order is impugned in the petition.

2.

The learned Advocate for the petitioner placed reliance on judgment of this Court (Coram. Naresh H. Patil & G.S. Kulkarni, JJ.) in Appeal No. 106/2018, Shri Ram Nagar Trust No.1 and another Vs. Mehtab Liaq Sheikh and others, decided on 07/03/2018, in support of his contention that costs imposed is unreasonable and excessive.

3.

Though the respondent is duly served, none appears for the respondent.

4 ..caw 2896-2019.odt 4.

If the petitioner deposits an amount of Rs.25,000/-, within a period of four weeks from today, there shall be ad interim relief in terms of prayer Clause - 2.

CIVIL APPLICATION (CAW) NO. 2896 OF 2019 For the reasons recorded in the application, application is allowed.

2.

Amendment to be carried out forthwith.

JUDGE J.Pethe..