-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT: CIVIL APPLICATION NO. 4557 OF 2006 IN FIRST APPEAL (St.) NO. 43693 OF 2006 -------------------------------------------------------------------------- Office Notes,Office Memoranda of Coram, appearances, Court’s or Judge’s Orders Court’s orders or directions and Registrar’s orders. -------------------------------------------------------------------------- Ms.Leela Patil for the Applicant. None for the Respondent. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. DATE :12TH OCTOBER, 2006 DATE :12TH OCTOBER, 2006 DATE :12TH OCTOBER, 2006 P.C.: P.C.: P.C.: Not on Board. Mentioned. Taken on Board. 2. Heard learned Counsel for the applicant. 3. It is stated in paragraph 2 of the application that office had raised some objections in the First Appeal and those objections could not be -: 2 :- removed by the applicant. The Registrar, therefore, dismissed the first appeal for non-removal of the office objections on 14th October, 2003. The applicant has received a show cause notice on 11th September, 2006, issued under Order 21 Rule 22 of the Code of Civil Procedure, from the learned Member, Motor Accident Claims Tribunal, Mumbai. The applicant, thereafter, perceived the dismissal of the first appeal on account of non-removal of the office objection. This application, therefore, is filed for quashing and setting aside the order passed by the Registrar dismissing the first appeal. 4. Learned Counsel for the applicant, submits, that the applicant would remove the office objections within a period of four weeks from today. 5. In the result, the civil application is allowed. The order dismissing the first appeal on account -: 3 :- of non-removal of the office objections, dated 14th October, 2003 is quashed and set aside. The first appeal is restored on file, at its position on the date of the dismissal thereof. The applicant is directed to deposit an amount of Rs.1,000/- towards the costs with the Maharashtra State Legal Service Authority within a period of four weeks from today. In case of failure on the part of the applicant to deposit the costs, as directed above, this order shall stand cancelled. 6. During this period, the applicant is permitted to remove the office objections. 7. The civil application, accordingly, is allowed an disposed of in the above terms. Sd/- (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) -: 4 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT: CIVIL APPLICATION (St.) NO. 43694 OF 2006 IN FIRST APPEAL (St.) NO. 43693 OF 2006 (Rejected Case No. 603 of 2004) -------------------------------------------------------------------------- Office Notes,Office Memoranda of Coram, appearances, Court’s or Judge’s Orders Court’s orders or directions and Registrar’s orders. ------------------------------------------------------------------------- Ms.Leela Patil for the Applicant. None for the Respondent. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. DATE :12TH OCTOBER, 2006 DATE :12TH OCTOBER, 2006 DATE :12TH OCTOBER, 2006 P.C.: P.C.: P.C.: Not on Board. Mentioned. Taken on Board. 2. Heard learned Counsel for the -: 5 :- applicant. 3. Rule, returnable on 7th December, 2006. 4. Meanwhile, ad-interim relief in terms of prayer clause 5(a) of the civil application, on a condition that the applicant shall deposit entire decretal amount in the Tribunal on or before 7th December, 2006. 5. It is made clear that in case of failure on the part of the applicant to deposit the entire decretal amount in the Tribunal within the aforesaid time, the stay granted by this Court shall stand vacated, automatically. Sd/- (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.)