1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5563 OF 2008 M/s. Usha Machines and Electrical ...Petitioner Versus State Bank of India and another ...Respondents ..... Mr. S.S. Rathi, advocate for the petitioner Mr. S.P. Katneshwarkar, advocate for respondent No. 1 ..... CORAM: S. S. SHINDE, J. DATED: 24TH AUGUST, 2009 PER COURT:- 1 This writ petition takes exception to the order dated 23.6.2008 passed by learned C.J.S.D. Basmatnagar below Exh.5 in Misc. application No. 8 of 2008. 2 Learned counsel appearing for the petitioner submits that the application which was filed by the present petitioner for condonation of delay in setting aside the exparte order has been allowed by the trial court on the condition that the petitioner shall deposit 50% of the decreetal amount. According to the learned counsel, the said court has no such power to direct the petitioner to deposit 50% of the decreetal amount while entertaining application for condonation of delay. Therefore, so far as the directions to deposit 50% of the decreetal amount is concerned, the 2 learned counsel prays for setting aside that part of the order. 3 Per contra, learned counsel appearing for the respondent No.1 submits that the court has discretion to impose the condition to deposit of 50% of the decreetal amount and therefore, no interference is called for in the impugned order. 4 After hearing learned counsel for the petitioner and learned counsel for respondent No.1, I am of the considered view that while entertaining application Exh.5 for condonation of delay, the condition to deposit 50% of the decreetal amount cannot be imposed. At the most, the court can direct the applicant to deposit some costs to be paid to the other side by way of compensation for loss of time. In view of this, impugned order dated 23.6.2008 directing the petitioner to deposit 50% of the decreetal amount is not sustainable. 5 In the result, the impugned order dated 23.6.2008 is set aside. Misc. application No. 8 of 2008 is restored to its original position. The concerned Judge to hear the application and pass appropriate order on the basis of the averments made in the application, within one month from today. Writ petition is allowed. Impugned order is set aside. (S.S. SHINDE, J). rlj/