FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 18270 OF 2010 IN WRIT PETITION NO. 10919 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.B. Gastgar, Advocate for the applicant. Mr. S.S. Deshmukh, Advocate for respondent No.6 CORAM :- B.R. GAVAI & R.M. BORDE, JJ. DATE :- 21st December, 2010. PER COURT :- 1] The civil application is tendered seeking relaxation in condition in respect of imposition of cost of Rs.30,000/- in view of the order passed by this court on 13th December, 2010. 2] This court, observing that a proxy litigation at the behest of the present petitioner, who has lost in the earlier round of litigation, being fought by the petitioner, deemed it appropriate to impose exemplary cost. Another reason for imposing the cost was that the counsel appearing for the petitioner, inspite of issuing repeated warnings, persisted in furthering his arguments without there being any substance. The counsel was time and again warned that on the basis of the material placed on record, the court has drawn a reasonable inference that the litigation FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 18270 OF 2010 IN WRIT PETITION NO. 10919 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 being fought is frivolous one at the behest of the person, who has lost in the earlier round of litigation. The persistence of the counsel in furthering his arguments had compelled this court to impose exemplary costs. 3] Today, while arguing the application, the counsel appearing for the applicant has expressed his sincere apology and has in writing, admitted that he has wasted valuable time of this court, in furthering the arguments unnecessarily. The counsel has also tendered his unconditional apology before this court. The letter tendering the apology is taken on record and marked “X” for identification. In these peculiar circumstances of the case, and further considering the fact that the counsel appearing for the applicant has expressed his sincere apology, we deem it appropriate to modify the order passed earlier and recall the order in respect of imposition of costs. 4] In this view of the matter, we recall the order regarding imposition of cost of Rs.30,000. At this stage, Shri Gastgar,learned counsel for the applicant makes a voluntary statement that he would donate an amount of Rs.10,000/- to the Bar Library and would deposit the same with the Library of the High Court Bar Association, by 24th of December, 2010. We FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 18270 OF 2010 IN WRIT PETITION NO. 10919 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 appreciate the gesture shown by the counsel appearing for the applicant. We accordingly direct modification of the condition recorded in para.11 of the order passed by this court dated 10th December, 2010, in respect of deposit of costs amounting to Rs. 30,000/-. The application stands disposed of. [R.M. BORDE, J.] [B.R. GAVAI, J.] grt/-