2312caf3189.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F.NO. 3189/2010 IN F.A.ST. NO. 21866/2010. The State of Maharashtra through Collector, Amravati and another -VERSUS- Dnyaneshwar Panduranji Manwar _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI, J. DATED : DECEMBER 23, 2011. Heard Shri A.D. Sonak, learned A.G.P. for applicants/appellants. He is seeking condonation of delay of 67 days in filing First Appeal. Shri Gilda, learned Counsel appearing for respondent points out that the appeal proposed to be filed is under Section 96 of the Code of Civil Procedure and Special Civil Suit out of which it arises was for recovery of hire charges along with interest valued at Rs. 1,16,460/-. He therefore, contends that in view of the clear position in Section 26 of the Bombay Civil Courts Act, the appeal ought to have 2312caf3189.10 2 been filed before the District Court at Amravati. Learned A.G.P. is seeking time to obtain appropriate instructions in the matter. In this situation, it is apparent that the application for condonation of delay as filed before this Court along with appeal memo needed to be presented before the District Court. Shri Gilda, learned Counsel was asked whether the papers can be returned to the office of the Government Pleader for its proper presentation. He has strongly opposed such course of action, as according to him the amendment enhancing the jurisdiction of District Court has been effected in the year 1999 and in the face of this clear position, the appeal has been presented to this Court. He contends that this shows nothing but, negligence and lack of bonafides. All these arguments can be left open and can be looked into by the competent Court to which the matter can be presented by the Government. Hence, the applicants are directed to provide photostat copies of all papers on record in this matter to the Registry of this Court within a period of 4 2312caf3189.10 3 weeks from today, and Registry is directed to return the originals, along with the court fees paid to the State Government for presentation of the same to the competent Court. Shri Gilda, learned counsel points out that as per orders of this Court dated 23.12.2010, 75% of the decretal amount is deposited with the Registry. The Appellants/applicants are permitted to withdraw that amount. Proceedings are disposed of accordingly. Copy of this order be furnished to learned A.G.P. to act upon. JUDGE Rgd