1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3111/2008 (Lalitha Ramesh Awalapani Vs. Smt. Snehlata Pandurangji Dorlikar and another) CORAM : B.P.Dhamadhikari, J. DATE : 2 nd DECEMBER, 2008 The matter is part heard and was adjourned today to enable the petitioner to make a statement as to the quantum of amount to be deposited if the exparte judgment is set aside. Advocate Shri Tambde on instructions today states that amount of Rs.25,000/- will be deposited by petitioner by 15th January, 2009. Advocate Ghare is stated to be not available. However, his arguments were already heard Yesterday. The grievance of petitioner is, the notice of dispute under Section 91 was never served upon her. The appellate Court has accepted the postal remark of 'refusal' as valid service. In the circumstances of the present case, I am not in a position to sustain the order. In view of the bonafides shown by the petitioner, she is permitted to deposit the amount as mentioned above by 15th January, 2009. Subject to such deposit, the exparte judgment and award dated 22nd November, 2006, is hereby set aside. 2 If the amount is so deposited, the Cooperative Court, Nagpur, shall decided the Dispute NO. 1634/2003 as early as possible and in any case by 31st of December, 2009. The failure to deposit the amount as mentioned above shall result in revival of judgment dated 22nd November, 2006. In view of the direction given above, it is apparent that judgment dated 13.6.2008 delivered by Cooperative Appellate Court is rendered infructuous. JUDGE Rvjalit