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Bombay High CourtWP/2825/2002rule discharged

Patil Industries By S.B. Patil v. Pandharpur Urban Co-Op. Bank Ltd. And ORS.

2015-02-17Hon'Ble Shri Justice Anoop V. Mohta2 pages

ssm 1 219­wp2825.02.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2825 OF 2002 Patil Industries ....Petitioner.

Vs.

Pandharpur Urban Co­Op.

Bank Ltd. & Ors.

....Respondents.

None for the Petitioner.

Mr. G.S. Godbole for the Respondent.

CORAM:­ ANOOP V. MOHTA, J.

DATE :­ 17 FEBRUARY 2015.

P.C:­ Called out from the final hearing board.

The Petitioner has challenged the rejection of his Application for condonation of delay in filing the Appeal, against the order passed by the Co­operative Court, Solapur. On 10 April 2002, while admitting the Petition, this Court directed the Petitioner to deposit the due amount under the award before the Appellate Court and if the amount is deposited, it is specifically ordered that the delay would be condoned and the matter would be heard on merits. It is specifically observed that if the amount due under the award is not 1/2

ssm 2 219­wp2825.02.sxw deposited, Rule discharged without any order as to costs. Above additional order itself, in my view, is sufficient to dispose of the present Writ Petition, as nothing survive in view of the specific condition.

The Writ Petition is disposed off with liberty. Rule discharged accordingly, with no order as to costs. (ANOOP V. MOHTA, J.) 2/2