Shamrao S/O Mhasaji Lipane v. State Of Maharashtra, Through Tahsildar, Buldhana And 3 Others
906-CAF-2558-15 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION NO.2558 OF 2015 IN WRIT PETITION NO.4689 OF 2014 Shamrao s/o Mhasaji Lipane -vs- State of Maharashtra and ors.
------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri A. J. Thakkar, Advocate for petitioner/applicant. Shri C. N. Adgokar, AGP for respondent No.1 and 5. Shri A. A. Gupta, Advocate for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.
DATE : December 23, 2015 By this application the petitioner seeks further time to comply with the order dated 17/08/2015 by which he was directed to deposit sum of Rs.3 lakhs till 30/11/2015 and also to furnish solvent surety for a sum of Rs.2 lakhs. In the application, various reasons are stated for not complying with aforesaid order by 30/11/2015.
The application is opposed by learned counsel for respondent Nos.2 and 3 on the ground that the application has been moved belatedly and even surety as directed has not been furnished.
Considering the averments made in the application and the fact that an amount of Rs.3 lakhs has been directed to be deposited with the respondent No.2-bank, the following order is passed :
(i) The time to deposit sum of Rs.3 lakhs in terms of order dated 17/08/2015 is extended till 31/12/2015. (ii) The time to furnish solvent surety for sum of Rs.2 lakhs
906-CAF-2558-15 2/2 is extended till 31/01/2016.
(iii) The petitioner is permitted to execute the surety bond through his Power of Attorney holder. Needless to state that on failure to comply with aforesaid directions, the interim order shall stand vacated without reference to Court. (iv) It is made clear that no further extension of time shall be granted to the petitioner.
(v) Civil application is disposed of in aforesaid terms. Authenticated copy of this order shall be provided to learned Advocates for the parties.
JUDGE Asmita