1 W.P. 4388/2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITIONER NO. 4388/2011 BABURAO UMAJI KAWALE AND ANOTHER VS. NEEDLE ROLLER BEARING EMPLOYEES CO-OP CREDIT SOC. AND OTHERS Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 30th June, 2011. Mr. N.R. Solunke, Advocate for the petitioner. Mr. K.J. Suryawanshi, Advocate for respondents Nos.1 & 2. 1. Heard. 2. Admittedly the respondents / disputants did not deposit amount of costs of Rs.3,000/- as per order dated 17/01/2009 within stipulated time of two weeks. It appears that the leaned judge of the Co-operative Court erroneously allowed the amount to be deposited after expiry of the time limit without giving notice to the petitioner / opponent and without hearing him. This act on the part of the learned judge of the trial Court is obviously illegal and if it was so, the dispute virtually has not been lawfully restored. The dispute therefore, can not proceed. But in the interest of justice and in order to allow the parties to contest the dispute on 2 W.P. 4388/2011 merits, I am passing following order. a) On the respondents’ depositing costs of Rs.5,000/- in this Court, on or before 10th August, 2011, the dispute would stand restored. b) In case of failure, the dispute shall stand dismissed. c) In case, the amount is deposited, the same shall be handed over to the petitioners or their advocate without further reference to the Court. d) Writ petition is disposed of. [A.V. NIRGUDE,J.] ts k/2011/June30/wp4388.11