1 ca 5278.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5278 OF 2011 IN FIRST APPEAL NO. 241 OF 2010 The Municipal Council Latur, through its Chief Officer .. Applicant Versus Shri Marwadi Rajasthani Education Society Latur and another .. Respondent Shri V. D. Hon, Advocate for the Applicant. Smt. Anjali B. Dube for the Respondent No. 1. Shri B. G. Sonwane, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 29TH APRIL, 2011. PER COURT : . This is an application filed by the applicant for recall of the order dated 19.11.2010 passed by this Court in Civil Application No. 13074/2010. Shri Hon, the learned counsel submits that the order dated 19.11.2010 was passed in absence of the present applicant in as much as the learned counsel could not remain present. It is true that the said order was passed on Civil 2 ca 5278.11 Application No. 13074/2010 and on the said date the learned counsel for the present applicant could not remain present. Shri Hon, the learned counsel states that earlier the Court had passed an order directing the present applicant to deposit Rs. 1,00,000/- (Rs. One Lakh only) and the award was stayed. As such, passing subsequent order would amount to review of the said order. The learned counsel contends that the financial position of the applicant is not good and it will not be possible for the applicant to deposit the amount even the applicant does not receive grant of that amount. 2. The order dated 02.02.2010 was an ad-interim order without hearing the respondent i. e. the original claimant. The amount under the award would tantamount to a money decree. Even the award carries with interest at the rate of Rs. 15% per annum. Once the amount is deposited the interest would stop running. It is with a view to balance the equities the said orders are passed. Today the award is in favour of the claimants. It would be in fitness of things to direct the present applicant to deposit the amount. The said order is already passed, however, taking into consideration the financial condition of the applicant, I am inclined to grant some more time to the applicant to deposit 3 ca 5278.11 the amount. The time granted to the applicant to deposit the amount vide order dated 19.11.2010 is further extended by a period of ten (10) weeks from today. Save and except the modification extending the time to the present applicant to deposit the amount. The said order dated 19.11.2010 passed on Civil Application No. 13074/2010 is maintained. The present civil application is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11