1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5898 OF 2004 IN FIRST APPEAL ST. NO. 26771 OF 2003 The State of Maharashtra through the Collector, Beed. ...Applicant Orig. Respondent VERSUS Sarjerao s/o Bapu Lashkare & ors. ...Respondents Orig. Claimants ..... Smt. V.A.Shinde, A.G.P. for the applicant Shri R.T.Nagargoje, advocate for respondent no.1 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant and respondent no.1. Respondent no.3 absent in spite of service. Civil Application dismissed against respondent no.2. 2 The applicant has preferred the present application for 2 setting aside the order passed by the Additional Registrar of this court dated 18.11.2003 refusing the registration of the accompanying First Appeal. 3 The applicant contends that the applicant has filed the accompanying First Appeal challenging the judgment and award dated 9.3.2000 passed in L.A.R. No. 444 of 1989. However, after filing the said First Appeal, court fee could not be deposited due to paucity of funds. The Additional Registrar of this court granted some time to the appellant to deposit the court fee after objections were raised by the Registry. However, the applicant was unable to deposit the court fee within stipulated period. Hence, by order dated 18.11.2003 the Additional Registrar refused the registration of the appeal, as minor objections therein were remained to be removed. 4 Now, the applicant states that the applicant has arranged for payment of court fee and he is ready and willing to deposit the same. However, since the registration of the Civil Application has been refused, it is necessary to set aside the order passed by the Additional Registrar of this court on 18.11.2003 refusing registration of the accompanying First Appeal. Hence the applicant submits that it is necessary to permit the applicant to remove the office objections after restoration of 3 the First Appeal. The applicant further submits that the appeal involves important questions of law and huge amount of public funds is at stake. 5 Learned counsel for respondent no.1 Shri Nagargoje opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 6 Considering the averments in the present application and after considering the rival contentions of the parties, and further since the applicant has made the specific averment that now the applicant has arranged the funds for payment of court fee, the order passed by the Additional Registrar of this court on 18.11.2003 refusing registration of the accompanying First Appeal due to non-payment of court fee is required to be set aside and further the applicant is required to be permitted to remove the office objections, if any, in the interest of justice. 7 In the result, present application is allowed in terms of prayer clause ‘C’ and the order passed by the Additional Registrar of this court on 18.11.2003 refusing registration of the accompanying First Appeal stands set aside and the applicant is permitted to deposit the court fee stamps within a period of four 4 weeks and also permitted to remove the office objections, if any, within the said period. If court fee is not deposited within time, the order passed by the Additional Registrar dated 18.11.2003 shall stand maintained. 8 Civil Application is disposed. (SHRIHARI P. DAVARE, J.) dbm/ca5898.04