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Bombay High CourtMCA/546/2023delay condoned

State Of Goa Thr. The Chief Secretary And ANR v. Dinesh Gopal Keni

2023-12-15Hon'Ble Shri Justice M. S. Sonak2 pages

MCA 546 of 2023 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.546 OF 2023 IN FIRST APPEAL NO.1533 OF 2023 (F) STATE OF GOA THR. THE CHIEF SECRETARY AND ANR ... APPLICANTS

Versus

DINESH GOPAL KENI ... RESPONDENT Mr Prashil Arolkar, Additional Government Advocate for the Applicants.

Mr S. Malik, Advocate for the Respondent.

CORAM:- M. S. SONAK, J.

DATED :- 15th December, 2023 P.C.:

Heard Mr Arolkar, learned Additional Government Advocate for the applicants and Mr S. Malik for the respondent.

2. This is an application seeking condonation of delay of 250 days in instituting the accompanying appeal.

3. Mr Malik fairly points out that a similar delay for similar reasons in connected First Appeal No.1502/2023(F) was condoned by this Court by imposing costs of Rs.20,000/- (Rupees Twenty Thousand only).

15th December, 2023

MCA 546 of 2023

4. Mr Arolkar submits that in the connected matter the respondent had alleged that his final bill was not settled and even the security deposit amount was not refunded. Mr Arolkar states that in the present case, as against the decreetal amount of approximately Rs.6,00,000/- (Rupees Six Lakhs only), an amount of almost Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) has been paid, after the passing of the impugned decree, to the respondent. He says that this is towards the refund of the security deposit and the final bill.

5. Considering the order dated 04.11.2023 in the connected matter, delay is condoned subject to payment of costs of Rs.5,000/- (Rupees Five Thousand only). The costs should be paid within four weeks failing which this application shall be deemed to have been dismissed.

6. This Misc. Civil Application is disposed of. M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.12.16 12:41:53 +05'30'

NITI K HALDANKAR 15th December, 2023