1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A. NO. 8809 OF 2007 IN MCA ST. NO. 19580/2007 IN REJ. S.A. NO. 307 OF 2007 IN SA ST.NO. 101/1995 Prabhabai Gendlal Suryawanshi vs. Purushottam R. Bhatere & Anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 18, 2008. Heard Shri Karmarkar, learned counsel for the appellant and Shri Kaptan, learned counsel for the respondents. The registration in rejected Second Appeal No. 307 of 2007 came to be refused because of failure to pay deficit court fee of Rs.2,200/- on 8.3.2007. Thereafter present proceedings are filed with a request to condone delay of 258 days in filing the proceedings and also for permission to pay deficit court fee and for restoration of Second Appeal. The reason put forth is that the applicant could not arrange funds to pay court fee and she is very poor. The application is strongly opposed by Shri Kaptan, learned counsel for the respondents, who has filed reply affidavit. 2 He states that application is not supported by proper affidavit and documents to show that applicant is poor and could not arrange to pay court fee. The litigation appears to be in relation some property and suit was filed in the year 1995. In these circumstances, considering the statement made on oath, delay of 258 days is condoned subject to payment of cost of Rs. 750 to High Court Legal Services Sub-Committee, Nagpur, within a period of three weeks from today. If the costs are so paid, Civil Application No.8809 of 2007 and MCA St. No. 19580 of 2007 shall stand allowed. In that case office shall restore Second Appeal and permit the appellant to pay deficit Court fee forthwith. If the court fee is paid, office to list Second Appeal for admission before the appropriate Bench. JUDGE *GS.